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Tuesday, July 10, 2018 @ 10:36 AM

CIVIL PROCEDURE - Disposition without trial - Stay of action - Another proceeding pending

Appeal by the plaintiff, Greengen, from an order staying its civil claim against the Province pending disposition of a parallel judicial review proceeding. ... [read more]

Friday, July 06, 2018 @ 9:08 AM

The pan-Canadian framework: Setting a price on carbon co2_sign_sm

Carbon pricing forms the central component behind any market attempt to reduce GHG emissions other than using strict command and control regulations. Pricing sends a signal to the marketplace that products or operations relying on extensive carbon use can be less economically efficient than other products or operations that use less carbon. The ability to emit any form of pollution into the environment without restrictions allows polluting entities to externalize those costs. This means that these entities do not have to incur the cost of cleanup while some other neighbour next door, or city or country incurs the eventual cost of that pollution. ... [read more]

Wednesday, July 04, 2018 @ 2:28 PM

Sunrise Propane explosion highlights importance of due diligence gastruck_sm.jpg

The Sunrise Propane explosion in 2008 serves as a stark reminder of the importance of due diligence when conducting business operations that are inherently dangerous to human health and the environment. ... [read more]

Tuesday, July 03, 2018 @ 1:23 PM

McIntyre Powder: Compensation in cases of human experimentation 3minerssilhouette_sm.jpg

In response to World War II-era human experimentation atrocities, the Nuremberg Code restated the essential requirements for the legitimate, ethical conduct of experiments involving human clinical subjects. The first and most critical element is the voluntary, fully informed consent of the human subject, in the absence of coercion, duress, force or deceit. The human subject must also be free to withdraw from participation in the experiment at any time. These ethical principles were not followed during a human experiment involving tens of thousands of miners and factory workers in a compulsory aluminum dust inhalation program that spanned nearly four decades in Canada and internationally. ... [read more]

Tuesday, July 03, 2018 @ 8:31 AM

OIL AND GAS - Conservation and licensing - National Energy Board - Pipelines

Application by the City of Vancouver for judicial review of the decision of British Columbia's Ministers of the Environment and of Natural Gas Development (Ministers) to issue an Environmental Assessment Certificate (EAC) with respect to the Trans Mountain Pipeline Expansion Project (TMX). ... [read more]

Thursday, June 28, 2018 @ 11:28 AM

Decision in $1 billion lawsuit shows contracts will be interpreted to ‘mean what they say’: lawyer Blair Yorke-Slader, Bennett Jones LLP

Despite its complexity involving a multitude of contracts, the science involved in making chemical compounds and a judgment of over $1 billion, the lawyer for a company in a case involving the operation of an ethylene plant in Alberta says ultimately the principles of contract interpretation that were applied are ones that are very familiar and straightforward. ... [read more]

Thursday, June 28, 2018 @ 8:52 AM

The pan-Canadian framework on clean growth and climate change carbon_emissions_sm

The pan-Canadian framework (developed with the provinces and territories and in consultation with Indigenous peoples) will ultimately impact almost all sectors of the Canadian economy. This future impact illustrates areas in which in-house counsel should be strategically reactive, and more importantly, proactive. ... [read more]

Tuesday, June 26, 2018 @ 9:02 AM

Pipelines and pot — a primer on paramountcy pipelineundercity_sm.jpg

The federal government’s announcement that it was purchasing the rights to the Kinder Morgan Trans Mountain pipeline opened a new front in the battle over whether and how Canada should transport hydrocarbon-based energy sources, largely from Alberta, from “wellhead to tidewater.” ... [read more]

Friday, June 22, 2018 @ 6:19 PM - Last Updated: Monday, June 25, 2018 @ 11:55 AM

Chief Justice Wagner calls for judicial discipline reforms as Ottawa drags heels on removing sidelined judge Richard Wagner

Canada’s top judge has called on the Trudeau government to enact reforms to reduce the persistent lengthy delays and high costs of the federal judicial discipline process. ... [read more]

Friday, June 22, 2018 @ 12:54 PM

Exploring the environmental impacts of cannabis cultivation Pot_pollution_sm.jpg

With the passage of Bill C-45 (the Cannabis Act) by the House of Commons and Senate this week, Canada is on the verge of becoming the first G-7 country to legalize recreational cannabis. While much of the focus of cannabis legalization has been on public health and safety, the environmental impacts of cannabis cultivation are only starting to be explored. Depending on the nature and location of a proposed facility, the cultivation of cannabis on a commercial scale entail a number of environmental considerations. ... [read more]