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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024...more

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

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

Alberta Court Declines to Extend Limitation Period for Contamination Claim

Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) is not available to extend the limitation period for a party liable for remediation costs to make claims against other alleged...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

ExxonMobil Wins Climate Change Securities Battle Against New York but the War Continues

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

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

Petition Challenges Short-Term Water Approvals in B.C.

On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic...more

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