It’s tough to appeal a decision of an administrative tribunal. By way of a five-four split decision, the Supreme Court of Canada judgment issued November 4, 2016 in City of Edmonton v. Edmonton East (Capilano) Shopping Centres Ltd., made those appeals that much tougher.
In a news release dated March 16, 2017, the Province of Manitoba announced its plans to remove the general prohibitions against the expansion of hog barns and manure storage facilities now contained in The Environment Act.
Students throughout Canada commonly sue post-secondary educational institutions with respect to academic matters. Actions brought by students against their university or college are almost universally framed in terms of breach of contract, negligence, and/or breach of fiduciary duty.
Cobble Hill owned land within the Cowichan Valley Regional District (the CVRD). A rock quarry operated on the land. The quarry permit issued by the Chief Inspector of Mines carried reclamation conditions.
Labour and employment law had some interesting developments in 2016. What follows are a few highlights from the last year and an introduction to an issue that may attract significant attention in 2017.
Calder v. British Columbia,  S.C.R. 313
This case is the origin of modern Aboriginal law. The Nishga sued for a declaration that their “Indian title” had never been extinguished. Eight of nine judges agreed Aboriginal title could exist because Aboriginal people lived in Canada before the arrival of Europeans.
On any given Tuesday or Friday, a small room on the second floor of a downtown Winnipeg shopping mall buzzes with activity by law students, social work students and practising lawyers. Community members holding demand letters, court documents, landlord letters and immigration notices are lined up down the hall. At 1 pm sharp, the accordion doors are opened by the law student/receptionist. The twice-weekly drop-in clinic run by Legal Help Centre (“LHC”) is open for business.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination - after only 23 months of employment.
Many small businesses are started with a very simple structure. Typically, the owners of the business are the sole shareholders of a single corporation in which the active business operations are conducted, which I will refer to as the operating company. In the event a business owner is conducting business as a sole proprietor and has yet to incorporate, it is likely a good idea to do so.