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Category Archives: Regulatory

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Regulatory Settlement Will Not Prevent Class Action: SCC Certifies Fischer

Posted in Class Actions, Regulatory

The following article may be of interest to readers of this blog: Regulatory Settlement Will Not Prevent Class Action: SCC Certifies Fischer

On December 12, 2013, the Supreme Court of Canada released its much anticipated decision in AIC Limited v. Fischer, 2013 SCC 69. The Court unanimously held that a restitution payment in settlement of regulatory proceedings does not preclude certification of a class action on behalf of the same investors who received compensation through the regulatory process. Read more.… Continue Reading

A Little Less Above the Law? Crown Immunity in Lantheus Medical Imaging Inc. v. Atomic Energy of Canada Ltd.

Posted in Administrative, Case Comments, Manufacturing, Regulatory

Citing the “modern legislative trend” towards “putting the Crown on an equal footing with everyone else”, the Ontario Court of Appeal recently overturned an application judge’s granting of legal immunity to a Crown agent. The Appellate Court held that Atomic Energy of Canada Ltd. (“AECL”), a federal Crown corporation and Crown agent, is not immune from the application of s. 60 of the Ontario Evidence Act (“OEA”) which authorizes the enforcement in Ontario of a letter of request from a foreign court. The Court further held that in this particular case, “justice required” that the letter of request be enforced.Continue Reading

This Week at the SCC (14/12/2012)

Posted in Aboriginal, Communications, Conflict of Laws, Health, Intellectual Property, Labour and Employment, Media, Professions, Regulatory, The SCC Monitor

Cases Decided

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

In Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168, 2012 SCC 68, Rothstein J. for the majority of the Court held that the Canadian Radio-television and Telecommunications Commission (“CRTC”) lacked the jurisdiction to create a market-based “value for signal” regime.  The proposed regime would have enabled private local television stations (“broadcasters”) to negotiate direct compensation for the retransmission of their signals by broadcast distribution undertakings (“BDUs”), such as cable and satellite companies, and to prohibit

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On a Need to Know Basis: When Can the Government Appropriately Withhold Information Pursuant to the “Advice and Recommendations” Exception to the Disclosure Regime

Posted in Case Comments, Regulatory

In a case that will have a significant impact on the ability of the public to access information relied upon by governmental decision-makers, the Supreme Court has agreed to determine whether such information is immune from requests for information under the Ontario Freedom of Information and Protection of Privacy Act (”FIPPA”). In Ontario (Minister of Finance) v. Ontario (Information and Privacy Commissioner), the Court of Appeal adopted a broad definition of the term “advice” within section 13(1) of the FIPPA, resulting in an arguably overbroad exception to the general right of the public to access information

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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.

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