Tommy Gelbman

Ontario Court of Appeal upholds constitutionality of federal carbon pricing regime

On June 28, 2019, the Ontario Court of Appeal issued a majority decision that the Greenhouse Gas Pollution Pricing Act was constitutional. The...

Saskatchewan Court of Appeal upholds constitutionality of federal carbon pricing regime

On May 3, 2019, the Saskatchewan Court of Appeal issued a majority decision that the Greenhouse Gas Pollution Pricing Act (the GGPPA) was...

Supreme Court creates uncertainty in finding no duty to consult during the law-making process

In its much anticipated decision in Mikisew Cree First Nation v. Canada (Governor General in Council), the Supreme Court of Canada definitively...

Franchisor-friendly motions results (British Columbia and Manitoba)

Two recent summary judgment decisions in Manitoba and British Columbia provide more certainty and positive results for franchisors in Western Canada...

Divided Supreme Court suggests standard of review framework is unsettled

The SCC’s split decision in Canada (Canadian Human Rights Commission) v. Canada (Attorney General), issued June 14, 2018, is an indication that the...

First Nation denied injunction based on prejudice to corporate respondent

The Federal Court in ‘Namgis First Nation v. Canada (Fisheries, Oceans and Coast Guard) refused to grant the Namgis First Nation an interlocutory...

Notable decisions in Alberta and British Columbia

It is important to note that this decision turned on the terms of the relevant agreement and the facts of the case; certain facts may be critical in...

Offshore Oil Royalty Regulations effective November 1, 2017

On November 1, 2017, the Province of Newfoundland and Labrador promulgated the Offshore Oil Royalty Regulations. We focus on three items that any...