$3.8M Fine for Pipeline Oil Leak
On June 12, 2019 Husky Oil Operations (“Husky Oil”) pled guilty to one count under section 36(3) of the Fisheries Act and one count under section 5.1(1) of the Migratory Birds Convention Act. The charges were the result of a leak of approximately 225,000 litres of blended heavy crude oil fro…
View the post titled $3.8M Fine for Pipeline Oil LeakIllegal Collection of Migratory Bird Eggs Results in $18,000 Fine
On March 27, 2019, three individuals in Quebec pleaded guilty to two counts each under the Migratory Birds Convention Act, 1994, S.C. 1994, c. 22, (the “MBCA”) for unlawfully disturbing migratory bird nests and unlawfully taking migratory bird eggs. The MBCA, section 5(a), makes it an offenc…
View the post titled Illegal Collection of Migratory Bird Eggs Results in $18,000 FineLiability waivers: Are they enforceable?
Nearly every recreational activity offered today requires the participant to sign a waiver of liability. Skiing, spin classes, kid’s field trips- waivers have become so common place that people don’t think twice about signing them. But what effect do these waivers really have? If you or your…
View the post titled Liability waivers: Are they enforceable?Proposed Migratory Bird Convention Act Regulations offer some new legal certainty for Industry
On June 1, 2019, proposed Migratory Bird Convention Act Regulations (“MBRs”) were published in Part I of the Canada Gazette. The Migratory Birds Convention Act, 1994 (the “MBCA”) was first adopted in 1917 to implement the 1916 international convention on Migratory Birds between Canada (the U…
View the post titled Proposed Migratory Bird Convention Act Regulations offer some new legal certainty for IndustrySpill Results in $100,000 Fine
On May 10, 2019 a transportation trucking company was fined $100,000 plus the 25% victim fine surcharge for discharging a contaminant into the natural environment contrary to the provisions of the Environmental Protection Act. In addition to the corporate fine the driver of the truck was con…
View the post titled Spill Results in $100,000 FineThe Ever-Changing Carbon Tax Debate Throughout Canada
On May 22, 2019 the Alberta government tabled the Carbon Tax Repeal Act to immediately repeal the existing carbon levy. The repeal of the Carbon Tax Repeal Act is under the provisions of Bill 1 by Alberta’s new United Conservative Party (UPC) government. The Alberta carbon tax however was en…
View the post titled The Ever-Changing Carbon Tax Debate Throughout CanadaNot-so-breaking news: You may not contract out of the Employment Standards Act, 2000
In a previous blog, I discussed recent cases discussing the enforceability of termination clauses in employment agreements. In Ariss v. NORR Limited Architects & Engineers, 2019 ONCA 449, a Court of Appeal decision released on May 30, 2019, the Court confirmed that employees and employe…
View the post titled Not-so-breaking news: You may not contract out of the Employment Standards Act, 2000Canadian case provides valuable lessons for crypto users
While cryptocurrency exchanges may not be the Wild West they once were, consumers are still advised to venture carefully into online currency territory, says Peter Dillon during a recent interview with AdvocateDaily.com. See the full article below. Canadian case provides valuable lessons for…
View the post titled Canadian case provides valuable lessons for crypto usersHughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct Defence
On April 17, 2019 the Court of Appeal of Ontario released its decision in Hughes v. Liquor Control Board of Ontario, 2019 ONCA 305 [Hughes]. The Court of Appeal’s decision provides guidance to counsel on the scope of the Regulated Conduct Defence (the “RCD”). The RCD is a defence in the Comp…
View the post titled Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct DefenceBC Court of Appeal rules legislation with the sole effect of setting conditions for Trans Mountains Pipeline is not within BC’s authority.
On May 24, 2019, the BC Court of Appeal released a unanimous decision in Reference re Environmental Management Act (British Columbia), 2019 BCCA 181. At issue in this reference case was a proposed amendment to BC’s Environmental Management Act (“EMA”) dealing with “hazardous substance permit…
View the post titled BC Court of Appeal rules legislation with the sole effect of setting conditions for Trans Mountains Pipeline is not within BC’s authority.Receive Blog Posts
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