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B.C. Court Awards Remediation Costs Before They Are Incurred

June 1, 2015

The recent decision of the British Columbia Supreme Court (Court) in Dolinsky v. Wingfield may allow those who have to clean up contamination on their lands to obtain those costs from the responsible parties before actually doing the work. This approach under the Environment Management Act (EMA) is different from previous decisions and practice, where money had to be spent…

The Long Arm of the Law is Not That Long: Court Declines Jurisdiction over Document Production by Foreign Non-Party

June 1, 2015

  In Lockwood Financial Ltd. v. China Blue Chemical Ltd., the British Columbia Supreme Court (BCSC) ruled that it does not have the territorial jurisdiction to order a foreign company to give documentary evidence in a proceeding in B.C. to which it is not a party. The decision provides reassuring guidance on the basis of jurisdiction relating to contractual obligations…

SCC Rules on Impartiality and Independence of Expert Witnesses

May 5, 2015

On April 30, 2015, the Supreme Court of Canada (SCC) released its decision in White Burgess Langille Inman v. Abbott and Haliburton Co. (White Burgess), relating to courts’ assessment of the impartiality and independence of expert witnesses. In a unanimous decision, the SCC held that the impartiality and independence of expert witnesses is a factor to be considered when determining…

Update: New Measures Adopted by Quebec to Promote Integrity in Public Contracts

April 30, 2015

On April 1, 2015, the Act to Ensure Mainly the Recovery of Amounts Improperly Paid as a Result of Fraud or Fraudulent Tactics in Connection with Public Contracts (Act) received assent following its unanimous adoption by Quebec’s national assembly on March 24. The Act, which was inspired by solutions implemented in Holland, seeks to strengthen integrity in public contracts and…

2015 Ontario Budget Provisions Affecting Pensions and Other Retirement Savings Plans

April 27, 2015

On April 23, 2015, the Ontario government tabled its 2015 budget (Budget), which included a number of pensions and other retirement savings plans-related provisions, as discussed in more detail below. On that same day, the government introduced Bill 91, Building Ontario Up Act (Budget Measures), 2015, which implements certain provisions of the Budget.   ONTARIO RETIREMENT PENSION PLAN   The…

2015 Federal Budget – Financial Services Highlights

April 24, 2015

Finance Minister Joe Oliver tabled his first budget on April 21, 2015 (Budget). Several proposals in the Budget will be of interest to financial services clients, including proposals for a consumer protection framework for banks, expanding the voluntary mortgage prepayment commitment to non-banks, a national financial literacy strategy, a bank recapitalization framework, regulation of retail payment networks and access to…

2015 Federal Budget Provisions Affecting Pensions and Other Retirement Savings Plans

April 23, 2015

  In its 2015 budget (Budget), the federal government announced a number of pensions and other retirement savings plans-related matters, which are discussed below.     30% RULE ON PENSION FUND INVESTMENTS   In its discussion of proposals to enhance investment in infrastructure, the federal government stated that it will undertake a public consultation on the usefulness of the rule…

2015 Federal Budget: Infrastructure and P3s on the Move

April 23, 2015

  INTRODUCTION   On April 21, 2015, Finance Minister Joe Oliver tabled the 2015 federal budget (Budget). The Budget reaffirmed several of the government’s past commitments to infrastructure renewal and introduced some new measures of interest to those involved in infrastructure projects across Canada, particularly under the alternative financing and procurement and public-private partnership (P3) models.     NEW PUBLIC…

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

April 22, 2015

  On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). This case addressed important principles of law with respect to the interpretation and application of Alberta’sFreedom of Information and Protection of Privacy Act (FOIP Act)…

2015 Federal Budget Highlights Recent Changes to Competition and Foreign Investment Policy

April 22, 2015

Finance Minister Joe Oliver tabled the 2015 federal budget before the House of Commons on April 21, 2015. The budget highlighted recent policy changes in competition law and foreign investment review, including new powers for the Competition Bureau to investigate cross-border price gaps and new thresholds for World Trade Organization (WTO) investors under the Investment Canada Act. INVESTIGATING CROSS-BORDER PRICE…

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