Articles 2024

This article provides a brief overview of the decision of the BC Supreme Court in Gitxaala v. British Columbia (Chief Gold Commissioner). The Court found that the province of BC owes a duty to consult to potentially affected Indigenous peoples prior to granting mineral claims under the Mineral Tenure Act. The Court also found that the Declaration on the Rights of Indigenous Peoples Act did not implement the United Nations Declaration on the Rights of Indigenous Peoples in BC.

On October 13, 2023, the Supreme Court of Canada (SCC) released its advisory decision regarding the constitutionality of the federal government’s environmental assessment (EA) regime in Reference re Impact Assessment Act. A majority of the SCC found that much of the federal government’s Impact Assessment Act (the “Act”) and the Physical Activities Regulations ( the “Regulations”) under the Act are unconstitutional.

The article discusses the recent case Held v. State of Montana, a youth-initiated action relating to climate change.

The article summarizes an interview with Diana Cooke, Director, Children and Youth Unit at the Ontario Ombudsman.

The article discusses recent cases relating to youth advocating for government action to mitigate the effects of climate change.

Beneficiary designations can be a useful estate planning tool with the added benefit of helping to reduce exposure to Ontario’s estate administration tax; however, utilizing them is not without its pitfalls. In this article, Blair Botsford reviews key issues relating to beneficiary designations, including certain drafting challenges.

This article reviews the reconsideration outcome of WSIAT's Decision No. 243/21R which addressed a Tribunal order to provide loss of earnings benefits to the worker to age 65.

This article contains a review of WSIAT Decision No. 339/23 in which an employer sought cost relief (SIEF) for a worker's compensable fatal motor vehicle accident caused by the worker's impaired driving.

This article provides a summary of the Divisional Court's decision in Grisales v. WSIB, in which the worker sought court review of the WSIB's method of calculating the consumer price index (CPI) for the purposes of the annual indexation of benefits.

This article provides a summary of key information provided at the Workplace Safety and Insurance Appeals Tribunal's stakeholder information event held on September 14, 2023.