Environment: 1; Secured Creditors: 0 in Landmark SCC Decision

The Supreme Court of Canada (“SCC“) in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 (“Orphan“) ruled that trustees in bankruptcy and insolvency cannot walk away from the environmental liabilities of a bankrupt estate. Chief Justice Wagnar, for the majority, decided that: earmarking the assets of a bankrupt estate for outstanding provincial environmental…

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Discovering Fiduciary Duties and Professional Obligations Anew? Canada Issues Directive on Civil Litigation Involving Indigenous Peoples

The battle over the interpretation and implementation of section 35 rights guaranteed by the Constitution Act, 1982 (“Constitution”) has played out primarily in Canadian courts, with Indigenous communities and individuals expending tremendous amounts time and resources trying to prove inherent rights.  In issuing the Directive on Civil Litigation Involving Indigenous Peoples (“Directive”) on January 11,…

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Another One Bites the Dust – The Plentiful Pitfalls of Non-Competition Clauses

A recent decision of the BC Supreme Court is a good reminder of the importance of extremely careful drafting of non-competition clauses. In Campbell & Fairweather Psychology Group, 2018 BCSC 1916 (“Campbell”), Justice Baird dismissed an application for an interlocutory injunction based a non-competition clause.  The plaintiffs owned a psychology clinic in Nanaimo, BC and…

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Have Your Say on Canada’s Munchies and More: Federal Government Seeks Input on Proposed Rules for Cannabis Edibles, Extracts, and Topicals

The federal government has taken steps towards a second wave of cannabis legalization by announcing a set of proposed rules governing the production and sale of cannabis edibles, extracts, and topical body products, and initiating a 60 day public consultation process, including in particular with respect to Indigenous peoples. The first wave of legalization came…

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A Cannabis Workplace Legal Development to Note

As the Province of British Columbia continues to churn through the hundreds of retail cannabis license applications, there are a host of new requirements coming into force that govern BC employers operating in the retail cannabis space. The Worker Qualification Regulation (the “Regulation”) was enacted pursuant to the Cannabis Control and Licensing Act (the “Act”)…

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B.C. Introduces New Environmental Assessment Legislation

The British Columbia government has introduced legislation to modernize the environmental assessment (“EA”) of major resource projects. If passed, it would be the first legislation in B.C. to directly support the implementation of the United Nations Declaration on the Rights of Indigenous People (“UNDRIP”) and to recognize the inherent jurisdiction of Indigenous nations. How Did This…

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Making Sense of MBNs: The Who, What, When, and How of Canada’s New Mandatory Breach Notification Requirements

The Breach of Security Safeguards Regulations (“BSSR”), issued under the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA“), come into force November 1, 2018, including the new mandatory breach notification (“MBN”) requirements. Hefty fines, federalism, and boring, unreadable legislation and regulations abound! Don’t worry, we’re here to help you out. If your private-sector organization…

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Cannabis Legalized in Canada

Cannabis Legalized – October 17, 2018 The cannabis industry is one of the fastest growing in the world, and Canada is at the forefront as the first G7 nation to legalize cannabis and cannabis related products. Here’s a little cheat sheet on the Cannabis Act (“Act”), which came into force today, and a bit about…

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Top 10 Legal Tips for Start-Ups – PART 2 OF 3

Starting Up? A few weeks ago, we posted the first of a three-part series about what one should consider when starting a new business. There are many big things to consider and business lawyers Emily Savage and Yvan Guy Larocque are ready to give you more need-to-know legal tips. 4. Protect Your IP Intellectual property (“IP”) is an area…

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MT+Co. Recognized in Chambers Canada 2019®

Chambers Canada has released its annual rankings of Canadian law firms and lawyers for 2019.  This year, our firm and three of our lawyers were recognized for their expertise. MT+Co. Recognized as a Leading Law Firm MT+Co. has been recognized as a leading Canadian law firm in the area of Aboriginal law.  According to Chambers: What the…

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