TransCanada to sue US under NAFTA over Keystone XL decision
Calgary-based pipeline company TransCanada has filed a Notice of Intent to Arbitrate (“Notice”) under article 11 of the North American Free Trade Agreement (“NAFTA”). It issued the Notice in response to US president Barack Obama’s November 6, 2015 refusal to gra…
View the post titled TransCanada to sue US under NAFTA over Keystone XL decisionEquivalent wetland dedication is expropriation?
The Quebec Court of Appeal will soon decide an appeal on whether applications to destroy wetlands can be required to dedicate offsetting lands to become protected areas. However, the trial decision has already been overruled by the National Assembly. In Atocas de l’érable inc. c. Québe…
View the post titled Equivalent wetland dedication is expropriation?Expropriating contaminated land
When a municipality expropriates contaminated land, can it deduct the full cost of remediating the contamination from the amount paid to the reluctant seller? Surprisingly, the answer is still not clear.
View the post titled Expropriating contaminated landMunicipality can require waterfront greening to protect water
The St. Charles Lake provides half the potable water used by Québec City. When nutrients from human activity began to create plagues of toxic bacteria, the City enacted a by-law requiring owners of lakefront property to put in 10-15 metre buffer zones comprised of trees, bushes and other pl…
View the post titled Municipality can require waterfront greening to protect waterTransit, loss, and compensation
Our column in today’s award-winning SLAW revisits the Heyes case. “Public works often impose heavy losses on those in private property nearby. Under what circumstances should they be compensated? That should have been the question in Heyes v. Vancouver, now Susan Heyes Inc. (Haz…
View the post titled Transit, loss, and compensationMunicipality can protect shoreline
Quebec City has successfully defended a bylaw requiring private property owners to naturalize the shoreline of its water supply. The St. Charles River, which flows into the lake of the same name, provides over half the potable water used by Quebec City. A study revealed that the banks of th…
View the post titled Municipality can protect shorelineReceive Blog Posts
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