Articles 2021

There were only two civil decisions summarized this week. Both were procedural in nature, were appeals from orders made after adjournment requests were denied, and were dismissed.

A discussion of a 2018 decision of the Supreme Court of Canada, British Columbia v. Philip Morris International Inc., 2018 SCC 36, which affirms that judicial concern for issues like the relevance of evidence and trial fairness have little to no significance in determining an Act’s meaning, unless those concerns are supported by a textual or purposive analysis of the legislation.

Get to know the members of the Public Sector Lawyers Executive in this new series of articles.

Get to know the members of the Public Sector Lawyers executive team in this new series.

The Ontario Superior Court recently differentiated between the reasonable expectation of privacy associated with Facebook Messenger and text messages. This article explores whether that distinction was justified.

FSCO draft surplus policies, FSRA proposed fees and assessments, FSCO Form 7 targeted review findings, CAPSA guidance and more...

In October, the federal government made further announcements regarding the federal carbon-pricing “Backstop”, providing details on where the pricing system will apply and how the revenues for provinces and territories will be used. The Backstop ensures a national carbon-pricing system that applies to greenhouse gas emissions from a broad set of sources, which is revenue-neutral to the federal government. Ontario and Saskatchewan have commenced legal actions to challenge the Backstop.

In October, Canada published new regulations prohibiting the import, sale, and use of all forms of asbestos, as well as the manufacture, import, sale, and use of products containing asbestos filaments. In addition, under amendments to the Environmental Protection Act, Canada now prohibits the export of asbestos in all its forms. This article gives an overview of the affected industries, exceptions and activities not covered, as well as the new import and use permit regime.

The Court of Appeal in the Hague upheld the District Court's order that the Netherlands reduce CO2 emissions by 25% relative to 1990 levels by the end of 2020. The Court concluded that "a reduction obligation of at least 25% by end - 2020" is in line with the State's duty of care." The Appellate Court rejected the argument that there were multiple pathways to achieving the higher threshold of 2oC and concluded that the technology to achieve these pathways was uncertain and unrealistic.