Green energy generation, but what about transmission?
The "right to connect" is not as simple as it sounds.
Continue reading the post titled Green energy generation, but what about transmission?Does the Endangered Species Act have teeth?
Is that all the Endangered Species Act will do? Create an expensive sort of legal shell game while irreplaceable habitat is bulldozed?
Continue reading the post titled Does the Endangered Species Act have teeth?Neighbourly Bad Blood Results in Cost Award at the Tribunal
An alleged oil spill that occurred in 1990, giving rise to extensive proceedings before the Environmental Review Tribunal (“Tribunal”) and Superior Court, took an unexpected turn earlier this year, leading the Tribunal to issue an unusual costs award. In May 2014, the Ministry of the Environment and Climate Change (“Ministry”) issued an order against Mr. Krek,...
Continue reading the post titled Neighbourly Bad Blood Results in Cost Award at the TribunalHow Canada and the U.S. prohibit pyramid schemes differently
The U.S. and Canada prohibit product-based pyramid marketing schemes in different ways. This short article is intended to give multi-level marketing businesses a better understanding of the important legal asymmetries between the two countries. The Canadian Competition Act specifically defines multi-level marketing (“MLM”) plans and prohibits pyramid schemes. The Competition Act1 at s. 55(1)...
Continue reading the post titled How Canada and the U.S. prohibit pyramid schemes differentlyLab fined for late notice
On August 26, 2010, ALS Canada Ltd. pleaded guilty to one violation under the Safe Drinking Water Act for failing to immediately notify the Ministry of the Environment, as well as the Medical Officer of Health, of adverse drinking water test results in a sample that had analyzed.
Continue reading the post titled Lab fined for late noticeDazed and Confused: Five contractual considerations for uncertain times
The year 2020 will not soon be forgotten. Despite the devastation of the COVID-19 pandemic, it has also provided a catalyst for substantial innovation and positive disruption to business models and commercial practices. During this time of business adaptation to respond to the unique challenges of pandemic-induced measures such as physical distancing and remote working,...
Continue reading the post titled Dazed and Confused: Five contractual considerations for uncertain timesHuge fine and jail for drinking water violations in township
The small Municipality of West Elgin (pop. 5,157) and three of its water distribution system operators were fined $154,500 in St.Thomas Provincial Offences Court for drinking water violations, including providing false information and failing to report adverse test results. One of the operators was sentenced to 30 days in jail and stripped of his right...
Continue reading the post titled Huge fine and jail for drinking water violations in townshipForce Majeure and the COVID-19 pandemic
What is “Force Majeure”? Force Majeure provisions, which stem from the French term meaning “greater force” or “superior force” are incorporated into many types of commercial agreements. These clauses are generally put in place to relieve a party from having to perform its contractual obligations due to the occurrence of an unexpected, unforeseen, supervening, and...
Continue reading the post titled Force Majeure and the COVID-19 pandemicApprovals from federal authorities may not protect against charges under provincial environmental laws
In R v Great Lakes Stevedoring Company Ltd,[1]companies are given a stark reminder that provincial environmental laws and regulations must be complied with notwithstanding compliance with all applicable federal laws and regulations and operating exclusively on federal property. Great Lakes Stevedoring Company Ltd. (“Great Lakes”), a stevedoring operation on the Welland Canal in the St....
Continue reading the post titled Approvals from federal authorities may not protect against charges under provincial environmental lawsUnderstanding the differences between GDPR, CCPA, and PIPEDA – a guide for Canadian businesses
Gone are days of unregulated and untethered data gathering. With the rolling out of the California Consumer Privacy Act, Canadian businesses are now finding themselves navigating a sea awash with a patchwork of extraterritorial legislation. The laws are sometimes inconsistent, often vague, and certainly confusing. It has therefore become critical that companies understand their obligations...
Continue reading the post titled Understanding the differences between GDPR, CCPA, and PIPEDA – a guide for Canadian businessesReceive Blog Posts
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