Category: Practice Areas

Federal Overhaul of Environmental Laws to Take Effect August 28, 2019: New Impact Assessment Triggers and Other Details Released

August 12, 2019

The federal government’s long-awaited overhaul of key environmental laws (Bill C-69, which implements the new Impact Assessment Act, the Canadian Energy Regulator Act and the Canadian Navigable Waters Act and related regulations) will take effect on August 28, 2019. The Impact Assessment Act will replace the Canadian Environmental Assessment Act, 2012, (CEAA 2012) overhauling the federal environmental assessment (now impact…

Do Not Pass Go: B.C. Court Confirms Jumbo Ski Resort Needs New Environmental Assessment

August 8, 2019

On August 6, 2019, the B.C. Court of Appeal (Court) upheld the provincial Minister of Environment’s (Minister) determination that the Jumbo Glacier Resort was not “substantially started” by the deadline set out in its environmental assessment certificate. This decision will be of interest to the nearly 30 approved projects in British Columbia which have not yet sought a “substantially started”…

Is CBA’s New Voluntary Code of Conduct the Golden Rule for Banks Serving Canadians in Their Golden Years?

July 29, 2019

On July 25, 2019, the Canadian Bankers Association (CBA) released its voluntary Code of Conduct for the Delivery of Banking Services to Seniors (Seniors Code), which was adopted by its member banks. Such voluntary codes of conduct are non-legislated commitments that CBA member banks make to the public, and compliance with these codes is overseen by the Financial Consumer Agency…

Court of Appeal Confirms: Reasonable Notice Is Capped At 24 Months, Absent Exceptional Circumstances

July 29, 2019

Employers can breathe easy once again knowing that common law reasonable notice is still capped at 24 months, absent exceptional circumstances. On June 19, 2019, the Court of Appeal for Ontario (Court of Appeal) released its decision in Dawe v. The Equitable Life Insurance Company of Canada, in which it overturned the lower court decision to award 30 months’ notice…

2019 Legal Trends: Complex Disputes

July 24, 2019

As part of our quarterly series on current trends across different industries, our second article for 2019 explores litigation developments in Canada, outlining the impact on business and the potential ramifications of recent court decisions and regulatory changes.

Quebec Tightens Restrictions on Construction and Other Projects in Flood-Prone Areas

July 18, 2019

In 2017 and 2019, Quebec was struck with severe spring flooding. In the Spring of 2019, floods affected more than 250 municipalities, damaged thousands of residences and forced the evacuation of over 13,500 people. Following these incidents, municipalities and the Quebec government were criticized for issuing construction permits in flood zones over the years. In response, the government has set…

Law Commission of Ontario Recommends Broad Reforms for Class Actions

July 17, 2019

On July 17, 2019, the Law Commission of Ontario (LCO) released its long-awaited report, titled Class Actions: Objectives, Experiences and Reforms (Report). The LCO’s class action project, involving a comprehensive review of the Ontario Class Proceedings Act, 1992 (CPA), was initiated in November 2013 with a scoping document setting out a framework for the review and preliminary list of issues…

Summer 2019 Update: Lobbying, Election Finance and Conflict of Interest Reform

July 17, 2019

There have been considerable recent regulatory and legislative changes with respect to lobbying and conflicts of interest regimes at the federal level and in each of British Columbia and Quebec. FEDERAL REGISTRATION Recent jurisprudence may have widened the category of registration under the federal Lobbying Act (Act). Former federal Lobbying Commissioner Karen Shepherd decided not to investigate the allegation that…

Additional Diversity Disclosure Required of CBCA Corporations in 2020

July 12, 2019

Beginning January 1, 2020, distributing corporations (generally, public companies) governed by the Canada Business Corporations Act (CBCA) will be required to provide additional diversity disclosure in connection with their next annual meeting of shareholders held on or after such date. These CBCA amendments implement parts of Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives…

Digital Economy and Process Improvements Top Priorities for Canadian Competition Commissioner

July 11, 2019

On July 10, 2019, Canada’s new Competition Bureau (Bureau) head articulated his top enforcement priorities in an interview sponsored by the American Bar Association (ABA), Section of Antitrust Law. The digital economy, cartel enforcement and improved merger reviews should be top of mind for companies doing business in Canada, the Commissioner of Competition (Commissioner) said. Below are the details: KEY…