Category: Practice Areas

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Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool

November 23, 2017

On November 22, 2017, the Court of Queen’s Bench of Alberta (Court) issued a mandatory injunction in favour of ENMAX Energy Corporation (ENMAX) compelling the Balancing Pool of Alberta to, forthwith and in good faith, complete and communicate the result of its assessment and verification of ENMAX’s termination notice of the Keephills Power Purchase Arrangement issued on May 5, 2016….

Quebec Pension Plan Enhancements: Increased Employer Contributions in Sight

November 21, 2017

On November 2, 2017, Quebec’s Minister of Finance, Carlos Leitão, tabled Bill 149, An Act to enhance the Québec Pension Plan and to amend various retirement-related legislative provisions (Bill), which aims to strengthen the financial security of employees who will retire in the coming years and harmonize the Quebec Pension Plan (QPP) with the Canada Pension Plan. IMPLEMENTATION OF TWO…

Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017: Pension Issues

November 16, 2017

On November 14, 2017, the Ontario government released its 2017 Ontario Economic Outlook and Fiscal Review and introduced Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017 (Bill 177), which looks to amend the Ontario Pension Benefits Act (Ontario PBA) and Financial Services Regulatory Authority of Ontario Act, 2016 (FSRA Act). Bill 177 also enacts the Financial Services Tribunal Act,…

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

November 16, 2017

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in Wood v. CTS of Canada Co. and CTS Corporation provides important guidance for employers when faced with a business restructuring or shutdown of operations. BACKGROUND…

Federal Environmental Regulatory Reform Program – Where Are We Now?

November 15, 2017

Last year, the Government of Canada launched a review of key federal environmental and natural resource regulatory laws and processes. Expert panels and parliamentary committees reviewed the laws, consulted with stakeholders, and provided recommendations on: The federal environmental assessment process The National Energy Board Fish habitat protection under the Fisheries Act Navigation protection under the Navigation Protection Act. While the…

Are Directors Independent? It Depends: CSA Revisiting Regime

November 15, 2017

The Canadian Securities Administrators (CSA) have released CSA Consultation Paper 52-404 – Approach to Director and Audit Committee Member Independence (Consultation Paper) and are inviting comments on the current approach to director independence determinations and board committee membership. Although the CSA regime has remained largely unchanged since 2004, the views of various governance commentators have evolved over time, with some…

Chicken Caught: Privacy Commissioner Confirms Video Surveillance Should Be Last Resort for Organizations

November 14, 2017

In the recently released Investigation Report P17-01, Use of employee surveillance by a BC chicken catching organization, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) confirmed that organizations should only implement video surveillance in limited circumstances where other means of resolving an issue have been ineffective. BACKGROUND A chicken catching organization (Company) decided to introduce a…

Federal Government Proposes Excise Duties for Cannabis Producers

November 13, 2017

On November 10, 2017, the federal department of finance issued long-awaited legislative and regulatory proposals for the taxation of cannabis. Effectively, the proposed rules will place cannabis producers within the existing rules that currently apply excise duties on tobacco, wine and spirits producers under the Excise Act, 2001 (Canada) (Act), with modifications as applicable. These rules include a new tax…

A Broader View: Court of Appeal Confirms Holistic Approach for Random Drug and Alcohol Testing in Alberta

November 13, 2017

Alberta’s highest court has clarified the parameters of the law on random drug and alcohol testing and emphasized that courts and arbitrators alike should take a holistic approach to safety when examining the enforceability of such practices. In Suncor Energy Inc. v. Unifor Local 707A, the Alberta Court of Appeal (Court of Appeal) held that an employer seeking to justify…

Supreme Court of Canada Grants Leave to Challenge Unconstitutionality of Alberta’s Oil and Gas Licensing Regime

November 9, 2017

On November 9, 2017, the Supreme Court of Canada (SCC) granted the leave application (Leave Application) filed by the Alberta Energy Regulator (AER) and the Orphan Well Association (OWA) in Orphan Well Association, et al v. Grant Thornton Limited, et al, which sought leave to appeal the decision of the majority of the Alberta Court of Appeal in Orphan Well…

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