Articles

A recent decision of the Federal Court reexamined the role of federal Protection Statements under the Species at Risk Act, S.C. 2002, c 29 in protecting the habitats of migratory birds in Canada and provided guidance on the proper scope of migratory bird habitats to be protected.

On April 8, 2024, the Alberta Court of Appeal released its decision in the appeal of Qualex-Landmark Towers Inc v 12-10 Capital Corp. The Court of Appeal’s decision clarifies that the super priority of environmental remedial obligations recognized in Orphan Well Association v Grant Thornton Ltd, does not apply to private litigants, alleviating significant uncertainty for secured lenders.

On April 10, 2024, the Ontario government (the “Province”) introduced Bill 185: Cutting Red Tape to Build More Homes Act, 2024 (“Bill 185”), which simultaneously reintroduces and repeals prior changes to the planning and development regime in Ontario. This article provides a brief overview of these proposed legislative changes as it relates to planning and development.

The Supreme Court of Canada recently released its anticipated decision in Yatar v. TD Insurance Meloche Monnex, providing its latest substantial commentary on judicial review in Canada. In the face of recent pronouncements about the importance of upholding judicial economy and avoiding multiplicities of proceedings, the Court endorsed the opportunity for parties to proceed with parallel statutory rights of appeal and judicial review.

On October 17, 2023, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) posted proposed regulatory amendments to Ontario Regulation 406/19 - On-Site and Excess Soil Management (“O. Reg. 406/19”) and the Rules for Soil Management and Excess Soil Quality Standards (“Soil Rules”) on the Environmental Registry of Ontario.

1. For funds to be truly irrevocable, you need a PCRN. Anything else is a risk. 2. “On-Us” funds (e.g. when the payee and the payor are at different branches of the same financial institution) are safe and you can proceed. 3. Just because a bank releases your funds – even after a hold period – does not make it real money – you should try to get confirmation that the funds are irrevocable.

The case of Metmeke v Yigzaw is an interesting case about the authority given to a court under the ONCA to review the election or appointment of a director. In this case, a contested election for a church’s board of directors spiraled out of control, leading to a motion to overturn the results of that election.

This article provides a concise summary of recent changes to WSIB policy that clarify the role of corroborating witness evidence in establishing entitlement to traumatic and chronic mental stress.

An overview of Decision No. 463/22R2 which provides a discussion of a worker's coverage under the WSIA when an injury is sustained during serious and wilful misconduct.