Tŝilhqot’in Nation wins 30-year battle
On May 14, 2020 the Supreme Court of Canada (“Supreme Court”) dismissed Taseko Mines Limited’s (“Taseko Mines”) application for leave to appeal a decision of the federal court of appeal. The decision of the Supreme Court resulted in the refusal of the approval for Taseko Mines $1.5-billion d…Continue reading the post titled Tŝilhqot’in Nation wins 30-year battle
A review – inspection vs. investigation?
We have written numerous blogs over the years on the difference between inspections vs. investigations. This blog is a reminder on the general distinction between an inspection as opposed to an investigation and the authority of Provincial Officers (“PO”) and outlines the aspects of a strict…Continue reading the post titled A review – inspection vs. investigation?
Approvals from federal authorities may not protect against charges under provincial environmental laws
In R v Great Lakes Stevedoring Company Ltd,companies are given a stark reminder that provincial environmental laws and regulations must be complied with notwithstanding compliance with all applicable federal laws and regulations and operating exclusively on federal property. Great Lakes S…Continue reading the post titled Approvals from federal authorities may not protect against charges under provincial environmental laws
Wide ranging repercussions of climate change
Reinsurance is the insurance that is purchased by another insurance company to partially insulate itself from the risk of major claims events. Reinsurance companies provide insurance against loss for other insurance companies, particularly losses related to catastrophic risks such as hurrica…Continue reading the post titled Wide ranging repercussions of climate change
Impact of COVID-19 on Environmental Law
The protection of our health and environment is a fundamental right of all Canadians. The recent events of COVID-19 including the designation of essential and non-essential services, suspension of limitation periods in certain circumstances has businesses questioning what statues, regulation…Continue reading the post titled Impact of COVID-19 on Environmental Law
Environmental reporting suspended in Alberta due to COVID-19
On March 31, 2020 the Alberta government enacted Ministerial Orders suspending existing environmental reporting requirements due to the COVID-19 pandemic. The Ministerial Orders signed by Environment Minister Jason Nixon states “All requirements to report information pursuant to provisions i…Continue reading the post titled Environmental reporting suspended in Alberta due to COVID-19
Beware of standard clauses – the lesson from Walton v. Warren
On January 9, 2020 the British Columbia Supreme Court found in favour of the Purchaser awarding costs against the Seller when an underground storage tank was discovered approximately 2½ years following closing (“Completion Date”). The judge made this finding despite the Purchaser obtaining a…Continue reading the post titled Beware of standard clauses – the lesson from Walton v. Warren
Protecting wild salmon in Canadian Courts, moving toward stricter protections?
In Canada, we import approximately 93% of the fish consumed while we continue to export a significant amount of fish caught. Also, there is a lack of information relating to the fish being exported from Canada. In 2018 five tonnes of AquaAdvantage (genetically modified) salmon were sold, but…Continue reading the post titled Protecting wild salmon in Canadian Courts, moving toward stricter protections?
What about greenhouse gas emissions – Are we going far enough?
Recently, two cases State of Netherlands v Urgenda (December 20, 2019) and Juliana v. United States (January 17, 2020) highlight the contradictory role of the courts as it relates to reductions in greenhouse gas emissions. The Urgenda decision, issued by the Supreme Court of the Netherlands,…Continue reading the post titled What about greenhouse gas emissions – Are we going far enough?
What Exactly is Canada Doing About the Protection of Our Environment?
The Federal Government is required under the Federal Sustainable Development Act, S.C. 2008, c.33 (“Act”) to provide Canadians with a strategy as directed by the precautionary principle. The precautionary principle is defined in section 2 of the FSDA, for implementing any thing, action or…Continue reading the post titled What Exactly is Canada Doing About the Protection of Our Environment?