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Stay up to date on legal developments and trends by reading our practice-focused blogs by Davis LLP legal experts. We provide facts from the latest research, law news updates and, in some cases, our comments or forecasts on current legal issues and outcomes.
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| Goldman Sachs announced today that it plans to invest as much as $490million (50 billion yen) in renewable energy projects in Japan over the next five years. That's a lot! Bloomberg [read more]Tuesday, 21 May 2013 | Jennifer Cleall |
| So far this blog has been largely focussed on a contractual analysis of the procurement process - the Contract A/Contract B analysis and the degree to which terms can be implied into Contract A.
Metercor [read more]Tuesday, 21 May 2013 | Elizabeth Mayer |
| Canada's Environment Minister, Peter Kent, told the Financial Post in an interview from London that "[t]he ability of the oil and gas sector to absorb tough government controls on their greenhouse [read more]Wednesday, 15 May 2013 | Jennifer Cleall |
| The Supreme Court of Canada (SCC) recently rendered a decision in Penner v. Niagara (Regional Police Services Board), 2013 SCC 19, regarding the application of issue estoppel. At issue was whether [read more]Friday, 10 May 2013 | Justin R. Seitz |
| ...but they won't receive the bulk of their funding until they hit performance targets, Alberta's Energy Minister, Ken Hughes, said the other day. There is $2.1 billion in grant money [read more]Friday, 10 May 2013 | Jennifer Cleall |
| The Government of Alberta introduced Bill 22 - the Aboriginal Consultation Levy Fund in the legislature today. A copy of the Bill can be found here.
The purposes of the Bill are to enhance [read more]Wednesday, 8 May 2013 | アンジェリーン・ナイス、R.P.F. |
| Crowdfunding is “a method of funding a project or venture through small amounts of money raised from a large number of people [the crowd] over the internet via an internet portal intermediary [read more]Tuesday, 7 May 2013 | Ted Maduri |
| In a turn of events that sheds some light on the slow process of modern justice, Judge Weisman of the Ontario Court of Justice revisited the question of whether a criminal complainant, known only [read more]Friday, 3 May 2013 | Stephen Mulrain |
| Last week, the Supreme Court of Canada heard oral argument with respect to the Ontario Court of Appeal decision, Fischer v IG Investment Management Ltd., 2012 ONCA 47, [Fischer].
In Fischer, [read more]Monday, 29 April 2013 | Roisin Hutchinson |
| I was recently drawn back to the discussion of the phenomenon identified by Associate Chief Justice Rooke of the Alberta Court of Queen’s Bench as “Organized Pseudo-legal Commercial [read more]Tuesday, 9 April 2013 | Stephen Mulrain |
| Canada’s venture capital industry has suffered from insufficient funding over the past number of years. This lack of funding poses a significant problem if we want to keep entrepreneurs who [read more]Tuesday, 9 April 2013 | Ted Maduri |
| Repeated verbal or psychological harassment of an employee by his coworkers resulting in injury is properly brought as a workers’ compensation claim, and therefore should not be brought as a [read more]Monday, 25 March 2013 | Laura Easton |
| On Wednesday March 21, Davis LLP sponsored a table at the Environmental Defence Gala at the Eglinton Grand in Toronto. The keynote speaker was Erin Brockovich. We hosted a number of clients who are [read more] |
| The Honourable Madam Justice Ellen Picard, Madam Justice Marina Paperny, and Mr. Justice Peter Martin of the Alberta Court of Appeal (“ABCA”) recently handed down the decision in Canadian [read more]Friday, 22 March 2013 | Justin R. Seitz |
| In part 1, part 2 and part 3 of this procurement law basics series, we looked at the conceptual basis for procurement law in Canada – the contract A-contract B analysis and some of the terms [read more]Thursday, 21 March 2013 | Elizabeth Mayer |
| The BC Environmental Assessment Office (BC EAO) and the Canadian Environmental Assessment Agency (CEAA) announced today that they have entered into a Memorandum of Understanding (the "MOU" [read more]Monday, 18 March 2013 | アンジェリーン・ナイス、R.P.F. |
| On March 7, 2013, the Supreme Court of Canada issued a unanimous decision with respect to the law of nuisance and the balancing of competing interests.
Antrim Truck Centre Ltd. (“Antrim”) [read more]Monday, 18 March 2013 | Laura Easton |
| A recent Alberta Court of Queen's Bench decision has confirmed that a Crown oil and gas lease may be considered intangible personal property to which the Personal Property Security Act [read more]Wednesday, 13 March 2013 | Michael Styczen, P.Eng |
| In a result that would have Louis Riel smiling in his grave, the Supreme Court of Canada has issued a decision in favour of the Métis people in Manitoba Métis Federation Inc. v. Canada [read more]Wednesday, 13 March 2013 | Malinda Yuen |
| The ERCB announced on March 12 that it was revising Directive 6 and Directive 11 (the Licensee Liability Rating program) to increase the amount of security required to be posted by operators of oil [read more]Wednesday, 13 March 2013 | Michael Styczen, P.Eng |
| Justice Morawetz of the Ontario Superior Court (also a celebrity among lawyers for being the Morawetz in the trio of Houlden, Morawetz, & Sarra, authors of the Annotated Bankruptcy and Insolvency [read more]Tuesday, 12 March 2013 | Brandon Barnes |
| Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11
On February 27, 2013, the Supreme Court of Canada rendered its decision in Saskatchewan (Human Rights Commission) v. Whatcott. M [read more]Monday, 11 March 2013 | Stephen Mulrain |
| At first glance, the result of the decision in Ross River Dena Council v Government of Yukon 2012 YKCA 14 [“Ross River”], this past December 2012, it is no longer possible for individuals [read more]Friday, 8 March 2013 | Roisin Hutchinson |
| Almost every video game publisher, developer and service provider in Canada will be affected by Canada’s new anti-spam legislation and should have a plan for complying with it.
Ignoring [read more] |
| Federal Environment Minister Peter Kent, speaking before a House of Commons Committee this week, stated that he now expects that emissions regulations for the oil and gas industry will be coming out [read more]Wednesday, 6 March 2013 | Michael Styczen, P.Eng |
| We have recently covered municipal ultra vires cases related to shark fin soup and puppies. In this case, an Alberta ban on some sales of drug paraphernalia was found to be outside the municipalities [read more]Tuesday, 5 March 2013 | Michael Styczen, P.Eng |
| The Federal Department this week announced new fuel economy standards for heavy on-road vehicles.
The Heavy-Duty Vehicle and Engine Greenhouse Gas Emission Regulations will be phased in [read more]Thursday, 28 February 2013 | Michael Styczen, P.Eng |
| The Supreme Court of Canada’s decision in Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, has a number of implications for employers, pension plan administrators, as well as both [read more]Wednesday, 27 February 2013 | Roisin Hutchinson |
| The Province of Alberta is seeking the input of the public in putting together the regulations which will govern the new Alberta Energy Regulator.
Three-hour facilitated sessions are being [read more]Friday, 22 February 2013 | Michael Styczen, P.Eng |
| One of the key elements in most tender and RFP processes, is a requirement for tenders or proposals to be submitted by a certain time. In many [read more]Wednesday, 20 February 2013 | Elizabeth Mayer |
| The Federal Court recently held that an employee’s parental childcare obligations are included in the term “family status” under the Canadian Human Rights Act. Discrimination on [read more]Wednesday, 13 February 2013 | Matthew J.G. Curtis |
| The Ontario Court of Appeal this week clarified and narrowed the definition of "workplace" under the Occupational Health and Safety Act. At the same time, the reasons in the case may [read more]Friday, 8 February 2013 | Michael Styczen, P.Eng |
| The National Energy Board, in a decision released on January 30, rejected NovaGas's proposed toll design for a proposed pipeline in the Komie North area of the Horn River play in northeastern [read more]Monday, 4 February 2013 | Michael Styczen, P.Eng |
| The Alberta government has released the long-awaited Retail Market Review Committee report. In conjunction with the release of the report, the government has announced a number of measures [read more]Thursday, 31 January 2013 | Michael Styczen, P.Eng |
| The balance between religious freedom and access to justice is often a difficult one. In an attempt to balance these rights, Alberta Justice has a controversial new policy that permits [read more]Tuesday, 29 January 2013 | Malinda Yuen |
| On January 21, 2013, Justice D. M. Brown of the Ontario Superior Court of Justice released a decision that is sure to become an invaluable resource for civil litigators in Ontario. In York University [read more] |
| In a decision sure to be applauded by publically traded corporations, the Supreme Court of British Columbia, in Merit Consultants International Ltd v Chandler, recently dismissed a defamation claim [read more]Monday, 28 January 2013 | Kate Southwell |
| In light of the recent decision of R v. Dunn, in which the former CEO, CFO, and Controller of Nortel Networks Inc. were acquitted of fraud, the question of whether Canada is a tough jurisdiction for [read more]Monday, 28 January 2013 | Brandon Barnes |
| Sinopec Shanghai Engineering Co. Ltd., a member of the Sinopec group of companies, was fined $1.5 million this week after it pleaded guilty in Provincial Court to three charges under the Alberta Occupational [read more]Friday, 25 January 2013 | Michael Styczen, P.Eng |
| Martel v. Canada
"Procurement Law Basics - Part 2" looked at the case of MJB Enterprises, where the Supreme Court of Canada implied a term into Contract A that only a compliant bid may [read more]Thursday, 24 January 2013 | Elizabeth Mayer |
| The Ontario Superior Court, in Shublay v. Coachman Insurance, 2012 ONSC 5445, recently revisited the distinction between claims and causes of action in the context of a limitations defence.
The [read more]Thursday, 24 January 2013 | Jennifer A. Whincup |
| Slimmon v. Precision Fitting Ltd., 2012 ABQB 771, a Queen's Bench appeal from a Provincial Court decision, is an interesting case. It confirms what many lawyers might have [read more]Monday, 21 January 2013 | Malinda Yuen |
| Sunshine Oil Sands of Calgary has announced that it has entered into a "co-operation deal" with a subsidiary of state-owned China National Offshore Oil Corp. The two companies [read more] |
| Contributed by David Foulds, Brandon Barnes, Tudor Carsten, and Jennifer A. Whincup
The much-anticipated judgment in R v. Dunn, in which the former CEO, CFO, and Controller of Nortel [read more] |
| We have previously looked at the question of whether rock debris flying through the air could be considered a "contaminant" having an "adverse effect" on the environment. [read more]Tuesday, 15 January 2013 | Michael Styczen, P.Eng |
| Last Saturday the New York Times reported that once again several groups and politicians are putting together a concerted attack on violent video games, in response to the horrible events in Newtown, [read more]Monday, 14 January 2013 | パブロ・グズマン |
| In R. v. N.S., 2012 SCC 72, the Supreme Court of Canada outlined the framework to be used when determining whether a witness can be permitted to testify in a criminal proceeding while wearing a niqab [read more]Monday, 7 January 2013 | Christopher Dormer |
| As we have previously reported, the federal Renewable Fuels Regulation requires that fuels sold in Canada contain a minimum amount of renewable content: generally, 2% for diesel and home heating [read more]Wednesday, 2 January 2013 | Michael Styczen, P.Eng |
| Bidders are frequently told in bidding and tendering instructions that bids or tenders are required to be submitted "under seal" or that "sealed tenders are required". Confusion&nbs [read more]Monday, 31 December 2012 | Michael Styczen, P.Eng |
| In Procurement Law Basics Part 1, we covered the creation of Contract A and Contract B in a simple tendering process. In this Part 2, we start to look at one of the nuances that the courts have developed [read more]Wednesday, 19 December 2012 | Elizabeth Mayer |
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