We live in an increasingly interconnected world with trade liberalization and globalization continuing unabated. These changes present many opportunities for businesses but also raise new challenges for businesses operating across borders.… Continue Reading
The Supreme Court of Canada has released a much anticipated administrative law decision interpreting the scope of Cabinet’s powers to overrule tribunals. In Canadian National Railway Co. v. Canada (Attorney General), the Supreme Court clarified that reasonableness review applies to Ministerial decisions made pursuant to a “cluster” of economic regulatory statutes, including the Canada Transportation Act, S.C. 1996, c. 10. These economic statutes empower the Governor in Council to vary or rescind decisions of the tribunals administering the legislation, requiring reviewing courts to employ deference even on issues of law.
In Castonguay Blasting, the Supreme Court of Canada has unanimously upheld a broad interpretation of environmental reporting obligations under Ontario’s Environmental Protection Act. The judgment, delivered by Abella J., suggests that corporations may have environmental reporting obligations even in circumstances where they would appear not to have impacted “the environment” as that term is usually understood. The Court’s conclusion was set out with undeniable clarity in the second paragraph of the judgment as follows:
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The interpretive exercise engaged in this appeal is to determine when the reporting requirement is triggered. In my view, there is clarity both of
In a new decision, the Supreme Court of Canada has provided guidance on when compensation might be due in cases of nuisance caused by public infrastructure projects. The Antrim decision is relevant not only for those involved in the management of public projects, but it also shapes the more general law of nuisance, especially in relation to particularly disruptive construction projects.
For 26 years, Antrim Truck Centre Ltd. operated a truck stop on Highway 17 in Eastern Ontario. Then in 2004, the Province constructed a new highway, and forever altered Highway 17. No longer could motorists access the truck … Continue Reading
In the newly published World Class Actions: A Guide to Group and Representative Actions Around the Globe, McCarthy Tétrault litigators David Hamer and Shane D’Souza co-authored the “Multijurisdictional and Transnational Class Litigation: Lawsuits Heard ‘Round the World” chapter. The chapter offers guidance to international lawyers who represent clients involved in cross-border, multinational and international class actions.
World Class Actions is a practical guide for lawyers, clients, legal support professionals, academics, policymakers and judges on the procedures available for class, group and representative actions internationally. Each chapter is written by a local attorney familiar with the laws, best practices, legal … Continue Reading
Newfoundland (Workplace Health, Safety and Compensation Commission) v. Ryan Estate will provide an opportunity for the Supreme Court of Canada to reconsider the constitutional issues of interjurisdictional immunity and paramountcy since its landmark decision in Ordon Estate v. Grail.
In Ordon Estate, the Supreme Court held that provincial legislative provisions providing for derivative claims for dependents of injured persons in tort did not apply to claims based on federal maritime law, which was part of the “core” of navigation and shipping under s. 91(10) of the Constitution Act, 1867. Following Ordon Estate, Parliament enacted s. 6… Continue Reading
The Supreme Court of Canada has granted leave to appeal in Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, a case that is expected to provide clarity about the law of nuisance, particularly in cases where the social utility of the defendant’s activity is arguably very high. The case, alongside Smith v. Inco, is one of two in which the Ontario Court of Appeal has recently dealt comprehensively with the law of nuisance. In Antrim Truck, the Ontario Court of Appeal emphasized the importance of assessing whether a substantial… Continue Reading
When do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867? The Supreme Court of Canada will answer this question in the Tessier case, for which it recently granted leave to appeal.
The appeal comes before the Supreme Court from the ruling of the Quebec Court of Appeal in Tessier ltée c. Québec (Commission des lésions professionnelles). The applicant carried on the business of renting cranes for various purposes within Quebec, including the loading and unloading of ships, along with road transportation and maintaining and repairing equipment. A small