Natural Resources
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May 10, 2024
Supreme Court of Canada clarifies how to assess compensation for constructive expropriation
The Supreme Court of Canada has explained how to assess compensation payable for constructive expropriation of private land by public authorities in a unanimous decision that reverses a ruling below that pegged what the City of St. John’s owes to a property owner to the land’s prospective market value if it were permitted to be developed for residential use, rather than to its much lower market value as land which is currently zoned “watershed,” with only limited discretionary agriculture, forestry and public utility uses.
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May 10, 2024
British Columbia prohibits new jade-mining tenures in northwestern B.C.
British Columbia has issued an immediate Environment and Land Use Act order prohibiting jade mining on new tenures in northwestern B.C. and giving current tenure holders five years to continue jade mining with enhanced reclamation requirements.
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May 10, 2024
B.C. court strikes misfeasance, constructive taking claims in relation to mink farming ban
The B.C. Supreme Court has struck claims brought against British Columbia and several provincial government officials over an order that began the process of shutting down mink farms in British Columbia.
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May 10, 2024
Federal Court affirms Employment Insurance Commission’s decision to disentitle EI benefits
In the complex realm of administrative law, the recent ruling by the Federal Court sheds light on the intricacies of employment insurance (EI) entitlements. Mr. Puig, an international student seeking regular EI benefits, found himself embroiled in a legal dispute after being disentitled from benefits in March 2021 due to study permit restrictions. Exploring the intricate issues of policy interpretation, evidentiary requirements, and judicial discretion, this case encapsulates the challenges faced by individuals navigating the complexities of administrative processes (Puig v. Canada (Attorney General), [2024] F.C.J. No. 517.
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May 10, 2024
Pioneering sustainability: Charting new frontiers in fund finance
In recent years, sustainable finance has become increasingly prevalent, reflecting a growing awareness of environmental, social and governance (ESG) factors within the finance sector. The release of the Guide to the Application of the Sustainability Linked Loan Principles in Fund Finance (Guide) in March 2024 marks a significant milestone in this evolving landscape.
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May 09, 2024
Trade tribunal rules wire rod dumping is damaging domestic industry
The Canadian International Trade Tribunal (CITT) has determined that the dumping of wire rods from China, Egypt and Vietnam has caused injury or is threatening to cause injury to domestic producers.
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May 08, 2024
Canada, B.C. celebrate NAFTA panel’s decision of softwood lumber duties
Ottawa and British Columbia are hailing a decision by a North American Free Trade Agreement (NAFTA) panel that U.S. duties on Canadian softwood lumber are inconsistent with U.S. law.
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May 08, 2024
CIVIL PROCEDURE — Judgments and orders — Summary judgments — No genuine issue requiring trial
Appeal by apellants from summary dismissal of their claims for compensation against respondent governments. The applications judge and chambers judge summarily dismissed their claim on the basis that the test for constructive expropriation had not been met.
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May 07, 2024
Federal Court fishery decision a significant victory for Inuit land claims sovereignty
In a significant victory for Inuit, the Federal Court has quashed a government decision to reissue fishing licences to one of Canada’s largest seafood processors in waters off Nunavut that are covered by the Nunavut Land Claims Agreement.
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May 07, 2024
Sweeping national security bill would boost state investigative powers; expand & create crimes, AMPs
The federal government has introduced a sweeping national security bill that would create a publicly accessible “foreign influence transparency” registry; expand the warrant, production and disclosure powers of the Canadian Security Intelligence Agency (CSIS); affect criminal accused or judicial review applicants seeking access to relevant “information related to international relations, national defence or national security”; expand the current “sabotage” offence; and create new “foreign interference” offences, along with administrative monetary penalties (AMPs) of up to $5 million and five years in prison, including for knowingly obstructing the operations of the office of a proposed new “Foreign Influence Transparency Commissioner.”