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Court Rules That Unquantifiable Climate Impacts Are Not Sufficient to Overturn Project Approval

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

Insights and Takeaways From Our Top 10 Commercial Litigation Cases of 2022

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

What's Done is Done: Alberta Court of Appeal Declines to Unwind Arrangement Transaction Despite Errors

​​​​​​​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

Alberta is Open for Corporate Reorganizations

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

Canadian Municipalities Increasingly Support Climate Change Litigation Against Oil and Gas Companies

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

Federal Carbon Backstop Ruled Constitutional by the Supreme Court of Canada

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

Supreme Court of Canada Imposes Good Faith Limits on the Exercise of Contractual Discretion

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

Supreme Court of Canada: Silence Can Breach the Contractual Duty of Good Faith Honesty

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

Are Climate Change Claims Based on Charter Rights Justiciable? Canadian Courts Render Conflicting Decisions

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

COVID-19: How the Suspension of Court Operations is Affecting Civil Litigation

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

Canada's Attempt to Forever Alter the Constitutional Balance Impeded: Alberta Court of Appeal Rules

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

Federal Court of Appeal Dismisses Challenge to GIC Approval of Trans Mountain Pipeline Expansion Project

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

Supreme Court of Canada to Revisit Bhasin and Contractual Parties' Duty of Good Faith

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

Quebec's Superior Court Leaves the Door Open to Canadian Climate Change Litigation

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

Second Appeal Court Rules Federal Carbon Tax Constitutional but the Debate Continues

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

B.C.’s Highest Court Rules Province’s Attempt to Regulate Bitumen Unconstitutional

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

Federal Carbon Tax Ruled Constitutional... For Now

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

Summary of Actions Against Exxon Mobil for Securities Fraud

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

Climate Change Litigation Comes to Canada

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

Litigating Securities Fraud in the Climate-Change Era

Climate change disclosure is receiving greater attention from Canadian public companies and their investors. As various legal claims begin to shape the world of climate change litigation, both in and outside of Canada,...more

Court Confirms Right to Claim Interim Payment in Exercise of Dissent Rights

The Alberta Court of Appeal has confirmed that dissenting shareholders to a plan of arrangement may receive an interim payment for their shares while fair value of those shares is being determined by the courts. In Brookdale...more

The Alberta Court of Appeal Clarifies the Test for Summary Judgment in Alberta

The Alberta Court of Appeal (ABCA) may have lowered the standard of proof for summary judgement. This could help shorten the process to judgment for clients pursuing claims as well as assist clients bring unmeritorious claims...more

Court of Appeal Upholds Limit On "Pay First, Dispute Later" Principle

In a recent decision in Talisman Energy Inc v Questerre Energy Corporation, 2017 ABCA 218 [Talisman], the Alberta Court of Appeal upheld the decision of the Court of Queen's Bench, to place limits on the "pay now, dispute...more

Marquee Energy Appeal Reaffirms Plans of Arrangement Law in Canada

In a decision released on November 15, 2016, the Alberta Court of Appeal allowed the appeal of Marquee Energy Ltd. (Marquee) from a prior decision of the Court of Queen's Bench of Alberta which had required, as a condition to...more

Grant of Summary Judgment to Gas Facility Operator Based On “Pay First, Dispute Later” Clause Upheld

There was no error in granting partial summary judgment on more than $5 million dollars in gas facility invoices, the Alberta Court of Appeal held in SemCAMS ULC v Blaze Energy Ltd, 2016 ABCA 113, despite the gas producer’s...more

4/26/2016  /  Canada , Oil & Gas , Summary Judgment
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