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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: 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: 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: 2 Aug 2018 By

How Ontario Regulates the Prevention and Containment of Forest Fires

Forest fires in Northern Ontario have been cause for alarm during the last two weeks, with residents in multiple communities being forced to evacuate their homes to escape the flames. Particularly affected is the Parry Sound District, as a result of the fire known as “Parry Sound 33”. This f…

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Published on: 30 Jul 2018 By

Will They or Won’t They? Ontario’s new government and the WSIA

Since the Ontario Liberal government amended the Workplace Safety Insurance Act (“WSIA”) in April, there has been some confusion about who bears the responsibility for workplace injuries to temporary agency workers: the agency, or its client employer. On April 6, 2018, the Liberals amended t…

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Published on: 26 Jul 2018 By

Imperial Oil Limited Ordered to pay $650,000.00 by Ontario Court of Justice

Imperial Oil Limited was recently convicted of breaching s.14 of Ontario’s Environmental Protection Act (“EPA”) for permitting the discharge of a contaminant into the natural environment. Imperial Oil, who pled guilty to the offence, was sentenced to pay $650,000.00, in addition to a $162,50…

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Published on: 24 Jul 2018 By

Ontario to intervene in Saskatchewan’s Court Challenge of Federal Carbon Tax

Last week, at the Council of the Federation talks in Saint Andrews, New Brunswick, Ontario Premier, Doug Ford announced Ontario’s intention to intervene in Saskatchewan’s court reference to the Saskatchewan Court of Appeal challenging the Federal government’s proposed carbon tax. The court r…

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Published on: 13 Jul 2018 By

Holding listed issuers to their word – for now anyway… Developments from the UK Court of Appeal on parent company liability for impacts abroad

Last year I wrote about a feature of the decision of the English and Wales High Court of Justice in HRH Okpabi v Royal Dutch Shell Plc[1], a case where residents of the Niger Delta brought a claim in negligence against Royal Dutch Shell (RDS), an issuer incorporated in England and listed on …

View the post titled Holding listed issuers to their word – for now anyway… Developments from the UK Court of Appeal on parent company liability for impacts abroad