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Thursday, December 19, 2019 @ 9:53 AM

Liens on municipal lands: Exempt lands, projects Constructionsite_sm.jpg

The Alberta Builders’ Lien Act creates a charge on land as security for payment for services rendered or materials furnished to construction projects. Alberta municipalities are subject to the requirements of the Act, even though interests in land held by the provincial and federal governments are exempt. Although municipal projects do not benefit from a general exemption, there are certain exemptions that are highly relevant to municipalities. There are statutory and judge-made exemptions for public highways, bridges, municipal reserve lands and, in limited circumstances, other projects based on “public policy” reasons. ... [read more]

Monday, December 16, 2019 @ 2:30 PM

Environmental group seeks standing in case against Volkswagen Tim Gray, Environmental Defence

A proposed plea deal on allegations automotive giant Volkswagen imported diesel vehicles into Canada that did not conform to environmental standards was put on hold last week after an Ontario court agreed to consider an environmental group’s request to seek standing in the matter. ... [read more]

Monday, December 09, 2019 @ 12:29 PM

Tree law in Canada: Loss of privacy Trees

Across Canada, many trespass cases include a claim for damages involving loss of screening and privacy. Screening is a physical barrier, often in the form of a hedge, or groups of plants such as shrubs and trees. The basis for the claim is that the change in screening now permits a person to easily see into the formerly secluded area, or that the plaintiff can now look out and see people or other things — hidden before the damage — that they do not want to see. ... [read more]

Monday, December 09, 2019 @ 11:39 AM

Over 450 law students, professors call on Trudeau to act on climate change Christie McLeod sm

Law students and professors from 18 law schools across Canada have signed an open letter to Prime Minister Justin Trudeau, calling on him to strengthen and legislate Canada’s emissions reduction targets. The letter, issued Dec. 3, was drafted by Christie McLeod, an Osgoode Hall law student, and has received over 450 signatures. ... [read more]

Monday, December 09, 2019 @ 11:34 AM

Against the odds: M&A activity defies predictions Canadian_M&As_sm

After a blockbuster year for deal making in 2018, markets softened in early 2019 with many observers forecasting a downturn in the economic cycle for mid-to-late-2019. As we near year-end and prepare for another deal cycle, it is time to reflect on a year of defied expectations and look forward to the possibility of a surge in M&A activity in 2020. ... [read more]

Monday, December 09, 2019 @ 9:57 AM

Fasken partner appointed to Association of Mineral Exploration board

The Association for Mineral Exploration (AME) announced that Fasken partner Kevin O’Callaghan is among the six members appointed to its board of directors. They will begin their one-year terms in January 2020. ... [read more]

Friday, December 06, 2019 @ 1:21 PM

New B.C. Indigenous rights legislation called ‘crucial step’ toward reconciliation Merle Alexander, Miller Titerle & Co.

British Columbia is entering a new phase in its relationship with its First Nations following the adoption of a bill to align its laws with the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and legal observers are saying, despite the fact that the legislation leaves some questions as to the details of what adopting the declaration will look like, it will create more certainty on issues of consent and collaboration and may lead to less reliance on the court system to resolve disputes. ... [read more]

Friday, December 06, 2019 @ 10:35 AM - Last Updated: Friday, December 06, 2019 @ 3:55 PM

Gov’t’s indemnity doesn’t insulate ex-paper mill owners from costs to monitor, maintain waste disposal site Supreme Court Justice Rosalie Silberman Abella

The Supreme Court of Canada has ruled 4-3 that two former owners of a northern Ontario pulp and paper mill which polluted nearby rivers with mercury are not insulated by a 1985 indemnity signed by the Ontario government from paying the costs to monitor and maintain a mercury disposal site, as ordered in 2011 by the Director of the Ministry of Environment. ... [read more]

Thursday, December 05, 2019 @ 11:10 AM

Serving legal papers via social media Thumbsupicon.ca

As many lawyers know, locating and personally serving a defendant with a statement of claim can at times be an onerous process and it can especially be troubling if you are having difficulties locating the defendant. ... [read more]

Wednesday, December 04, 2019 @ 10:40 AM

Why death row dog Punky should head to Supreme Court Punky3

We the lawyers for Team Punky, Canada’s death row dog, are working hard to try to get this unprecedented case about a “dangerous dog” heard at the Supreme Court of Canada. I wrote two earlier articles about the important animal law case of Punky Santics: Getting Punky off death row and How Punky the dog got to Supreme Court. ... [read more]