Given the number of natural resource projects that have Indigenous support, this type of litigation could become more frequent A pair of disputes in Newfoundland and Labrador and Alberta relating to resource projects on Indigenous territory, suggests that federal and provincial governments still don’t get it when it comes to their well-established duty to consult […]
By Julius Melnitzer | August 13, 2021 A recent Saskatchewan Court of Appeal decision illustrates the importance of clear communications from pension administrators seeking to avoid liability from lawsuits by claimants alleging they’re entitled to a plan member’s death benefits. “What it comes down to is that employers and pension plans that want to avoid […]
‘It’s a decision that’s worth paying attention to, and that people are talking about’ By Julius Melnitzer | August 11, 2021 If there’s any doubt about the extent to which societal and legal expectations regarding climate change are evolving, a Netherlands court’s ruling ordering Royal Dutch Shell Plc. to reduce the CO2 emissions of its 1,100 companies […]
Ruling dramatically lowers the bar for First Nations to demonstrate their treaty rights have been infringed By Julius Melnitzer | July 28, 2021 A British Columbia Supreme Court decision requiring the provincial government to consider the “cumulative effects” of development could mandate First Nations’ consent for any new project on historic treaty lands in Canada. […]
By Julius Melnitzer | July 19, 2021 CHARITIES & NON-PROFIT Miller Thomson: Why it matters that the Supreme Court decision reinforced the existence of hidden contracts in charity/nonprofit governance COMPETITION McMillan: Emerging Competition & Data Privacy Issues for Real Estate Organizations DATA PRIVACY Gowlings: New Standard Contractual Clauses for International Transfers Under The GDPR McCarthy […]
By Julius Melnitzer | July 18, 2021 A trio of conflicting decisions from Ontario’s Superior Court of Justice has left employers confused about a possible onslaught of wrongful dismissal lawsuits stemming from temporary layoffs due to the coronavirus pandemic. The confusion arises because judges have come to different conclusions about Ontario’s infectious disease emergency leave regulation, […]
The Clean Fuel Standard will affect a host of industries — many of them unwitting Canadian industries fear the federal government’s Clean Fuel Standard will translate into an increase in the cost of doing business. “At the end of the day, this is just another tax that Canadian business has to deal with,” said Bob […]
PHOTO BY GETTY IMAGES/ISTOCKPHOTO The potential savings on wealth transfer taxes with Bill C-208 could amount to as much as $400,000 “Keeping the business in the family” will get a whole lot easier — and a whole lot less costly — when Bill C-208, which received Royal Assent this week, comes into force on January […]
By Julius Melnitzer | June 25, 2021 MIXED RESULTS IN INDIGENOUS CLASS ACTIONS Indigenous class actions seeking to impose liability for mistreatment on governments and police have achieved mixed results. On June 23, the Federal Court certified a class consisting of Aboriginal persons assaulted by the RCMP while in custody in the Northwest Territories. The […]
By Julius Melnitzer | June 23, 2021 Bill and Melinda Gates are an inspiration to many. Class is all over them, including the way they handled the announcement of their separation on Twitter after 27 years of marriage. So why not follow one of today’s leading influencers and do the same thing? “When people are […]