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Published on: 31 Aug 2018 By

Franchise rescission no relief from loan obligations

Last week, Perell J. granted summary judgment to the Royal Bank of Canada (“RBC”) for indebtedness owed by Everest Group Inc. (“Everest”), a franchisee which had sought to rescind its franchise agreement.[1] Perell J. refused to require the bank to forebear exercising its rights until the fr…

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Published on: 30 Aug 2018 By

Federal Court of Appeal Quashes Order in Council Approving Kinder Morgan Trans Mountain Pipeline Expansion in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153

On August 30, 2018, the Federal Court of Appeal released its decision concerning the judicial review of an Order in Council approving the Kinder Morgan Trans Mountain Pipeline Expansion Project (the “Expansion Project”). The Order in Council, dated November 29, 2016, was based on a report an…

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Published on: 30 Aug 2018 By

Premier Doug Ford Directs OEB to Remove Carbon Tax

On August 29, 2018 Premier Doug Ford announced the removal of the cost of carbon tax from natural gas rates by October 1, 2018. The Minister of Energy, Norther Development and Mines, Greg Rickford, wrote to the Ontario Energy Board (“OEB”) setting out the government’s expectations that natur…

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Published on: 29 Aug 2018 By

Divisional Court overturns Ontario Labour Relation Board’s certification of construction bargaining unit integral to telecommunications

In a significant victory for employers engaged in construction work in federally-regulated sectors, the Divisional Court in Labourers’ International Union of North America, Ontario Provincial District Council v Ramkey Communications Inc [1] has overturned an Ontario Labour Relations Board (“…

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Published on: 24 Aug 2018 By

Ontario Court of Justice Sentences Corporation and its Director to $420,000 Fine and 45-day jail term for Contravention of PCB Regulations of Canadian Environmental Protection Act, 1999

Environment and Climate Change Canada has reported that on August 21, 2018, a Collingwood corporation and its director were sentenced to a $420,000 fine plus a 45-day jail term, for 10 counts of contravening the PCB Regulations under the Canadian Environmental Protection Act, 1999, and one c…

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Published on: 22 Aug 2018 By

Fortis Alberta Ordered to pay $300,000.00 fine for Unreported Oil Spill

On August 15, 2018, the Provincial Court of Alberta ordered the electrical utility, FortisAlberta, to pay a $300,000.00 fine for failing to report an oil spill in a timely manner. The spill related to potentially dangerous polychlorinated biphenyls, or PCBs, in west-central Alberta. While Fo…

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Published on: 20 Aug 2018 By

Divisional Court Refuses to Award Costs in Judicial Review of the White Pines Wind Project

The Honourable Marc Labrosse of the Divisional Court recently refused both moving parties’ demands for costs in the latest iteration of CCSAGE Naturally Green’s (“CCSAGE”) judicial review challenging various administrative decisions relating to the White Pines Wind Project. Labrosse J’s cost…

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Published on: 15 Aug 2018 By

Federal Government Announces Funding for Four Projects Under the Environmental Damages Fund

The Environmental Damages Fund was established in 1995 to direct money received from fines and payments for environmental offences under 10 federal environmental statutes to worthy environmental projects. Eligible projects must be located in the region in which the offence occurred and addre…

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