Energy Energy

Revised Abuse of Dominance Guidelines bring welcome and noteworthy guidance on numerous issues

On March 7, 2019, the Competition Bureau, under the direction of newly appointed Commissioner Boswell, released updated Abuse of Dominance...

Investment Canada Act Annual Report provides new insights into the small number of transactions that have raised national security concerns

On March 1, 2019, the Director of Investments filed the annual report on the administration of the Investment Canada Act for the fiscal year ending...

Climate change class actions come to Canada

As climate change litigation gains momentum, two recent developments show Canadian litigants turning to class actions to address climate-related...

Climate change litigation arrives in Canada

The ENVironnement JEUnesse lawsuit in Québec and the City of Victoria’s endorsement of a class action lawsuit against oil and gas producers for...

Supreme Court of Canada decision in Redwater: Early implications

On January 31, 2019, in a 5-2 split decision, the majority of the Supreme Court of Canada allowed the appeal of the AER and the Orphan Well...

12 minutes with Brad Wall on energy, agriculture and Osler

Osler Special Advisor Brad Wall says he is “optimistic” about the future prospects of Canada’s energy sector and that we should be “very...

Resource projects and Indigenous consultation – What is best practice after a year of uncertainty?

In 2018, we saw the law of consultation evolve further after the release of new (and highly anticipated) decisions from the Supreme Court of Canada...

Canadian prosecutors refuse to use new “Deferred Prosecution Agreement” regime in high profile case

Despite the recent and welcome introduction of a ‘deferred prosecution agreement’ regime in the context of white collar infractions in...

Supreme Court creates uncertainty in finding no duty to consult during the law-making process

In its much anticipated decision in Mikisew Cree First Nation v. Canada (Governor General in Council), the Supreme Court of Canada definitively...

New GST/HST rules for carbon emission allowances

On June 27, 2018, the Department of Finance released new GST/HST rules for carbon emission allowances (the New Rules).