Québec – New Code of Civil Procedure – Costs
Here is the second installment of brief summaries relating to the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is costs. The cost regime in Quebec has always been favorable to the plaintiffs. The main difference with Common law jurisdictions is that in Quebec…
View the post titled Québec – New Code of Civil Procedure – CostsLavender v Miller Bernstein: An Auditor’s Duty to Non-Clients
Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein[1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is coun…
View the post titled Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients$2.5 million in fines issued in relation to large diesel spill
In the latest of a string of federal environmental prosecutions leading to significant fines against corporate offenders, Canadian National Railway Company (“CN”) has been fined $2.5 million after pleading guilty to committing a number of infractions under the Fisheries Act and under the Can…
View the post titled $2.5 million in fines issued in relation to large diesel spillQuébec – New Code of Civil Procedure – Experts
On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for law…
View the post titled Québec – New Code of Civil Procedure – ExpertsThe federal government’s proposed approach to reforming Canada’s environmental laws
The federal government has released a discussion paper outlining aspects of the approach it proposes to take to implement planned reforms to Canada’s environmental laws. It is inviting comments from the public until August 28, 2017. We’ve previously written about the progress of these reform…
View the post titled The federal government’s proposed approach to reforming Canada’s environmental lawsToward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.
“Get those coming up from under! Los de Abajo! Get the underdogs!” [1] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[2] I…
View the post titled Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.The road to increased solar power infrastructure?
France has implemented environmental legislation that will require new buildings constructed in commercial areas to partially cover their roofs in either plants or solar panels. Although we are not aware of any Canadian legislation requiring the installation of solar panels on roof tops, req…
View the post titled The road to increased solar power infrastructure?The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts
Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies a…
View the post titled The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer ContractsIs Canada closer to recognizing a legal right to a healthy environment?
The federal parliamentary Standing Committee on Environment and Sustainable Development has released a report resulting from its review of the Canadian Environmental Protection Act (CEPA). The standing committee has recommended that a right to a healthy environment be included in forthcoming…
View the post titled Is Canada closer to recognizing a legal right to a healthy environment?Company issued $3,500,000 in fines under the Fisheries Act
Earlier this month, an Alberta-based mining company, Prairie Mines & Royalty ULC, pleaded guilty to two counts under the Fisheries Act. The charges related to a dike failure that occurred in October 2013. The dike was used to contain a large volume of waste water containing coal, clay, …
View the post titled Company issued $3,500,000 in fines under the Fisheries ActReceive Blog Posts
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