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Results: 1-10 of 93

British Columbia Court of Appeal: city owes no duty to consult first nations

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 23 2012

On September 24, 2012, in Neskonlith Indian Band v. Salmon Arm (City) (Neskonlith), the British Columbia Court of Appeal (BCCA) dismissed the appeal of the Neskonlith Indian Band (Band), confirming that the City of Salmon Arm (City) did not owe a constitutional duty to consult the Band in respect of the issuance of a development permit

Get your rocks off: SCC to hear appeal in Castonguay blasting

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • October 24 2012

The Supreme Court of Canada has granted leave to appeal in a case that could significantly expand the jurisdiction of environmental regulators, and increase the costs of compliance for the private sector

Omnibus bill C-38 a major reform of federal environmental laws

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 17 2012

Bill C-38 (the Jobs, Growth and Long-term Prosperity Act) (Bill C-38) received royal assent on June 29, 2012

Does an insurer’s duty to defend apply if the insured complies with an environmental investigation?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 16 2012

The scope of an insurer’s duty to defend is a crucial issue in relating to any liability insurance policy, particularly those applying to building projects

Storm water management taking sustainable development by storm

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • July 18 2012

Developers are increasingly faced with requirements from local governments to incorporate sustainable features into their developments

Environmental class actions and claims for health-related injuries: causation and its pitfalls

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • July 16 2012

On June 21, 2012, the Honourable Justice Bernard Godbout rendered a significant decision in the area of Environmental Class Actions, in the Spieser v. Canada (A.G.) case

Competition Tribunal releases its decision in the CCS merger case

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • July 10 2012

On June 15, the Competition Tribunal released its decision in Commissioner of Competition v. CCS Corporation and ordered CCS Corporation to divest the shares or assets of Babkirk Land Services Inc

Dunsmuir and the demise of deference or why ministers just can’t get no respect

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • May 4 2012

In a judgment illustrating how the Dunsmuir analysis is to be applied to ministerial decisions, Mainville J.A. for the unanimous Federal Court of Appeal (the “FCA”) ruled that a Minister is not entitled to the same level of deference as an administrative tribunal when interpreting their ‘home’ statute(s

City owes no duty to consult First Nations - Neskonlith Indian Band v. Salmon Arm (City), 2012 BCSC 499

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • April 5 2012

On April 4, 2012, the Supreme Court of British Columbia ruled that the City of Salmon Arm owed no constitutional duty to consult the Neskonlith Indian Band (Band) in respect of a development permit the City had issued

Feed-in tariff review: Ontario's new renewable energy procurement strategy

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • March 26 2012

Ontario’s Feed-in Tariff (FIT) Program was launched in 2009 to create new clean energy industries and jobs, boost economic activity and the development of renewable energy technology, and to improve air quality by phasing out coal-fired generation by 2014

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