In a recent decision, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant offshore oil and gas project. The NGOs argued that the Minister...more
Canadian courts rendered a number of notable decisions in the commercial litigation sphere in 2022 that made headlines for the impacts they will have on the landscape of businesses facing a dispute. Now that we are well into...more
Despite finding a clear error resulting in warrant holders being deprived of meeting and voting rights under a court-approved plan of arrangement, the Alberta Court of Appeal declined to grant relief and unwind the...more
Courts Now Have More Discretion Regarding Plans of Arrangement Under Alberta's Amended Business Corporations Act -
As discussed in our previous insight, Additional Changes to Alberta's Business Corporations Act Now in...more
Vancouver City Council recently passed a motion to fund a proposed class action against various oil and gas companies to recover costs associated with climate change....more
In a 7-1 ruling in BP PLC et al v Mayor and City Council of Baltimore (19-1189), the Supreme Court of the United States ruled that the Fourth Circuit Court of Appeals did not fully analyze whether a climate change tort...more
On March 25, 2021, the Supreme Court of Canada (SCC) released its 6-3 decision, ruling that the federal Greenhouse Gas Pollution Pricing Act, SC 2018 c 12 (GGPPA) is constitutional, dismissing the appeals of the Attorney...more
Good faith requires a party who has a discretionary power under a contract to exercise that discretion in accordance with the purposes for which it was conferred, the Supreme Court of Canada recently held in Wastech Services...more
Good faith requires a party to a contract whose actions or words have created a false impression in the mind of a counterparty to take positive steps to correct it, the Supreme Court of Canada recently held in C.M. Callow...more
U.S. courts have often relied on the political question doctrine to dismiss climate change actions. The Canadian equivalent of the political question doctrine, justiciability, has recently been considered by Canadian Court in...more
This is an update to a previous blog from March 23, 2020.
Courts across Canada are limiting hearings due to the rapidly evolving novel COVID-19 outbreak. Courts in each jurisdiction are responding differently and...more
Courts across Canada are limiting hearings due to the rapidly evolving novel COVID-19 outbreak. Courts in each jurisdiction are responding differently and implementing measures that are affecting existing and contemplated...more
On December 31, 2019, the British Columbia Supreme Court confirmed that interlocutory injunctions, which can include police enforcement clauses, are an available remedy to restrain protesters from blockading pipeline projects...more
The Alberta Court of Appeal, in a 4-1 decision, has ruled that the federal carbon pricing regime contemplated by the Greenhouse Gas Pollution Pricing Act, SC 2018, c12 s186 (the "Act") is unconstitutional, becoming the first...more
Canada's duty to consult with Indigenous peoples does not guarantee outcomes, the Federal Court of Appeal (FCA or Court) confirmed in Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 [Coldwater]....more
After much legal wrangling since the claim was launched against the U.S. federal government and the Office of the President of the United States in 2015, the U.S. Court of Appeals for the Ninth Circuit recently dismissed the...more
1/31/2020
/ Article III ,
Class Action ,
Climate Change ,
Constitutional Challenges ,
Due Process ,
Environmental Policies ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Lack of Authority ,
Oil & Gas ,
Standing ,
Trump Administration
More than four years of contentious litigation concluded this month when the Supreme Court of the State of New York released its judgment in the People of the State of New York v Exxon Mobil Corporation. The Court found...more
12/17/2019
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Dismissal With Prejudice ,
Environmental Policies ,
Exxon Mobil ,
Fraud ,
Martin Act ,
Misrepresentation ,
Oil & Gas ,
Popular ,
Securities Fraud ,
Standard of Proof ,
State Attorneys General ,
Voluntary Disclosure
Fifteen youth from across the country, through their parents and litigation guardians, have joined forces in a lawsuit against the federal government over climate change, filed Friday in Federal Court in Vancouver. The case,...more
The Supreme Court of Canada (SCC) recently granted leave to appeal from the British Columbia Court of Appeal's decision in Greater Vancouver Sewerage and Drainage District v Wastech Services Ltd., 2019 BCCA 66. The case...more
On July 11, 2019, Quebec's Superior Court rejected a class action lawsuit seeking federal action relating to climate change. The Court found that the questions raised by the plaintiff, Environnement Jeunesse, were justiciable...more
With its decision on June 28, 2019, the Ontario Court of Appeal became the second appellate court to conclude that Canada's federal carbon tax regime complies with the Constitution. The Saskatchewan Court of Appeal released a...more
On May 24, 2019, a five-member panel of the British Columbia Court of Appeal (BCCA) unanimously determined that British Columbia's proposed amendments to the Environmental Management Act, SBC 2003, c 53 (the EMA) are...more
On May 3, 2019, the Saskatchewan Court of Appeal (SKCA) released its lengthy decision in Reference re Greenhouse Gas Pollution Pricing Act, 2019 SKCA 40. This much-anticipated decision represents the first judicial...more
Since 2013, investors in Exxon Mobil Corporation ("Exxon") stock have consistently shown an interest in understanding how the effects of climate change will impact their investment. Over the years, in response to these...more
1/31/2019
/ Canada ,
Civil Liability ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Exxon Mobil ,
Fraud ,
GAAP ,
Materiality ,
Misrepresentation ,
Oil & Gas ,
Securities Fraud ,
State Attorneys General ,
Voluntary Disclosure
On November 27, 2018, a class action lawsuit was filed in Québec seeking relief against the federal government on the basis of its alleged inaction on climate change. The action, commenced by a group called ENvironnement...more