Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Category Archives: Environmental

Subscribe to Environmental RSS Feed

Appeals Court Overturns Damages Award to Proponent for Aboriginal Blockade

Posted in Aboriginal, Environmental, Mining

The following post by Bryn Gray and Stephanie Axmann on our Mining Prospects blog may be of interest to our readers of this blog: Appeals Court Overturns Damages Award to Proponent for Aboriginal Blockade

The article addresses the BC Court of Appeal’s recent decision, Moulton Contracting Ltd. v. British Columbia, 2015 BCCA 89, which overturns a significant trial decision that had ordered the province of British Columbia to pay damages to a logging company arising from a blockade by members of a Treaty 8 First Nation.… Continue Reading

This Week at the SCC (07/12/2012)

Posted in Aboriginal, Bankruptcy and Debt, Corporate Law, Environmental, Labour and Employment, Securities, This Week at the SCC

Cases Decided

The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions.

In Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67, the majority of the Court held that environmental protection orders issued under provincial legislation, which required an insolvent company to undertake remediation measures but which were not expressed in monetary terms, nonetheless amounted to “claims” under the Companies’ Creditors Arrangement Act (“CCAA“) that could be stayed and subject to a claims procedure order in the context of CCAA proceedings.  The Court observed that not all environmental protection orders will … Continue Reading

SCC to Hear Appeal in Castonguay Blasting

Posted in Case Previews, Criminal, Environmental, Regulatory

The Supreme Court of Canada has granted leave to appeal in a case that could significantly expand the jurisdiction of environmental regulators, and increase the costs of compliance for the private sector. Castonguay Blasting will require the Court to determine whether the discharge of contaminants into the natural environment must be reported even if it does not cause an adverse environmental effect, but only results in property damage.

Continue Reading