Articles 2019

On June 22, 2018, Canada’s Federal Court released its ruling in Le Groupe Maison Candiac Inc. v Canada (Attorney General) allowing the federal government to restrict development on private land to protect the western chorus frog. The decision weighs heavy on a number of industries as they consider the scope and implications of emergency orders designed to protect at-risk species under SARA.

Stan and Albert report on the Divisional Court's September 4, 2018 decision in Hamilton Beach Brands Canada, Inc. v. Ministry of the Environment and Climate Change, 2018 ONSC 5010.

Indemnities are a tool for allocating risk. Contracting parties often use indemnities to achieve certainty and finality in their affairs. This requires drafters to be conscious of the assumptions and inferences that a court might draw when interpreting the contract. A recent Ontario Court of Appeal decision, Weyerhaeuser v. Ontario (Attorney General), 2017 ONCA 1007, highlights the need for clear language to establish air-tight indemnities.

The winning entry for the 2018 Michael MacNaughton Student Writing Award for Insolvency Law, the article considers the controversial decision of the Alberta Court of Appeal affirming the decision in Redwater Energy Corporation (Re) (2016), 33 Alta LR (6th) 221 (Alta QB).

This article analyzes the implications of the recent Ontario Superior Court of Justice and the Ontario Court of Appeal decisions in Sorbam Investments Ltd v Litwack.

A consideration of the MOECC's proposed policy for cumulative effects assessments in air approvals.

The Canadian government's ban on asbestos and asbestos-containing products will apply to the use, manufacture, import and export of any product containing asbestos, with the goal being to eventually reduce the rate of asbestos-related diseases. Here, the authors review the proposed Prohibition of Asbestos and Asbestos Products Regulations, which are expected to come into force as of 2019.

The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time period. There was speculation at the time of the decision’s release about its impact upon environmental prosecutions. Here, we survey some of the most salient points from decisions that have emerged over the past 1-1/2 years.

A discussion of the Federal Court's decision in Namgis First Nation v. Canada (Fisheries, Oceans and Coast Guard).

Examining Ontario's new Bill 21: “An Act Respecting Civil Liability for Climate-Related Harms"