Water for Coal Developments: Where Will It Come From?

By: Nigel Bankes and Cheryl Bradley  PDF Version: Water for Coal Developments: Where Will It Come From? Matters Commented On: A Coal Development Policy for Alberta (1976, rescinded June 1, 2020); Oldman River Basin Water Allocation Order, Alta Reg 319/2003 The Government of Alberta (GoA) is hell-bent on facilitating the development of new coal mines in […]

The Standard of Review and the Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov? Part 1

By: Howard Kislowicz and Robert Hamilton PDF Version:  The Standard of Review and the Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov? Part 1 Case Commented On: Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (CanLII) This is a two-part post that examines the potential impact of […]

Canada and Alberta Agree to More Pie-In-The-Sky on Woodland Caribou

By: Shaun Fluker PDF Version: Canada and Alberta Agree to More Pie-In-The-Sky on Woodland Caribou Agreement Commented On: Agreement for the conservation and recovery of the Woodland Caribou in Alberta entered into by Canada and Alberta on October 19, 2020 (the “Canada-Alberta Agreement on Woodland Caribou”) Decisions Commented On: Canada Energy Regulator Report – Nova […]

Incorporating Waivers of Liability into Contracts

By: Jassmine Girgis PDF Version: Incorporating Waivers of Liability into Contracts Case Commented On: Apps v Grouse Mountain Resorts Ltd., 2020 BCCA 78 (CanLII) Standard form agreements raise unique contracting issues. They are drafted by the more powerful party, they are take-it-or-leave-it agreements with no room for negotiation, and they typically contain waivers to limit […]

(Dis)Proving Racism: A Rebuttal to Klippenstein’s Critical Review of the Law Society of Ontario’s Report on Challenges Facing Racialized Licensees

By: Joshua Sealy-Harrington PDF Version: (Dis)Proving Racism: A Rebuttal to Klippenstein’s Critical Review of the Law Society of Ontario’s Report on Challenges Facing Racialized Licensees Document Commented On: Murray Klippenstein, Critical Review of the Challenges Report On January 8, 2020, Murray Klippenstein published a Critical Review of the Challenges Report (Critical Review). In it, he argues […]