The Supreme Court of Canada recently released its decision in Behn v. Moulton Contracting Ltd., affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to resource developers must follow the legislatively mandated process to do so.
May 16, 2013
The Ontario Securities Commission’s Consultation Paper Considerations for New Capital Raising Prospectus Exemptions sought input from stakeholders on proposed amendments to the current legislation on prospectus exemptions.
May 15, 2013
In Kawartha Lakes (City) v. Ontario (Environment), the Ontario Court of Appeal has confirmed that there are occasions when an innocent property owner adjacent to a source of contamination may be ordered to clean up pollution that is migrating from the source property if a provincial officer reasonably believes that the measures are necessary to prevent the contamination from further migrating into the natural environment.
May 13, 2013
Following a consultation process, which revealed continued criticism and a lack of consensus, the Québec government managed expectations in the weeks preceding its May 6, 2013 announcement by saying that the new regime would be the result of a “compromise” between the various stakeholders that have competing interests. Ultimately, the regime it has introduced does implement significantly higher royalty payments than the present regime, although clearly less than initially proposed.
May 9, 2013
The Aboriginal Consultation Levy Act has been introduced into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding necessary to meaningfully engage in the consultation process.
May 9, 2013
On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit to judicially review the Order in Council that released Nalcor Energy’s Lower Churchill Hydroelectric Generation Project from a federal environmental assessment.
May 7, 2013
The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have “an unassailable right to speak out in opposition to the class proceeding in an attempt to convince other class members to opt out” of the class action, as long as the individual decisions to opt out are not coerced and remain voluntary and informed.
May 6, 2013
On April 22, 2013, the Ontario Superior Court of Justice dismissed, in a pre-trial summary judgment motion, two claims against the Fairview Wind Project, which is neither under construction nor has yet received a Renewable Energy Approval.
May 6, 2013
On April 29, 2013, the Federal Government introduced its 2013 budget implementation bill, Bill C-60, which would also implement announcements made by the Federal Government on December 7, 2012 concerning investments by non-Canadian state-owned enterprises (SOEs).
May 2, 2013
A group of securities dealers has successfully obtained relief from most of the requirements that typically drive the need for a Canadian private placement supplement, or wrapper, for selling securities of non-Canadian issuers into Canada.
Apr 30, 2013