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Published on: 27 May 2019 By

BC Court of Appeal rules legislation with the sole effect of setting conditions for Trans Mountains Pipeline is not within BC’s authority.

On May 24, 2019, the BC Court of Appeal released a unanimous decision in Reference re Environmental Management Act (British Columbia), 2019 BCCA 181. At issue in this reference case was a proposed amendment to BC’s Environmental Management Act (“EMA”) dealing with “hazardous substance permit…

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Published on: 16 May 2019 By

Ontario Government Continues Roll-out of the Resource Recovery and Circular Economy Act, 2016

Proposed regulations under the Resource Recovery and Circular Economy Act, 2016 (RRCEA) for recycling of electrical/electronic equipment (e.g. televisions, laptops, cellphones, light bulbs, appliances, etc.) and batteries have been posted to the Environmental Registry of Ontario (ERO). The r…

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Published on: 14 May 2019 By

How do the Mass Termination Provisions of Ontario’s Employment Standards Act, 2000, work?

In Ontario, the Employment Standards Act, 2000 (“ESA”), provides for certain rules when an employer terminates at least 50 or more employees in one of its establishments within a 4 week timeframe. In such a situation, the ESA requires that the employer: However, these rules will not apply to…

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Published on: 13 May 2019 By

What are my legal rights if municipal roadwork harms my business?

As road repair and construction season ramps up in municipalities across Ontario, many business owners will be facing the news that the street and sidewalk outside their business will be temporarily closed due to municipal roadwork. Depending on the extent of the project, this can range from…

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Published on: 6 May 2019 By

Court of Appeal Confirms Federal Carbon Tax Constitutional

On May 3, 2019 Saskatchewan’s Court of Appeal ruled that the carbon tax imposed on the Province by the federal government is constitutional and valid. The issue considered by the Court of Appeal was whether the federal government’s Greenhouse Gas Pollution Pricing Act(“GGPP Act”), is unconst…

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Published on: 2 May 2019 By

Big Changes Coming (again) to Land Use Planning Appeals in Ontario

The Minister of Municipal Affairs and Housing announced on May 2, 2019, that the most significant and disruptive of the 2017 legislative changes to Ontario’s land use planning appeal process are being repealed. The government announcement, contained in its “Housing Supply Action Plan” (the “…

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Published on: 30 Apr 2019 By

Ontario Government Announces Consultation on Environmental Assessment Process

On April 25, 2019, the Ontario Ministry of the Environment, Conservation and Parks released a consultation paper inviting comments on proposed reforms to the environmental assessment process under the Environmental Assessment Act, R.S.O. 1990, c. E.18. The discussion paper provides a high-le…

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Published on: 25 Apr 2019 By

Ontario Moves to Formalize the Use of Third-party Off-sets Under the Endangered Species Act, 2007

The Ontario government has published the results of its 10-year review of the Endangered Species Act, 2007, S.O. 2007, c. 6(the “Act”). While the results are reported in summary fashion, the review has resulted in multiple proposed changes to the Act.  The proposed changes have been posted o…

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Published on: 22 Apr 2019 By ,

Mandatory Arbitration Provisions in the Class Action Context

Mandatory Arbitration Provisions in the Class Action Context: TELUS Communications Inc. v. Wellman, 2019 SCC 19 On April 4, 2019, the Supreme Court of Canada issued reasons in TELUS Communications Inc. v. Wellman. The Supreme Court’s 5-4 decision provides important guidance on the applicabil…

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