Insights

Mathur v Ontario: The Ontario Court of Appeal orders rehearing of unprecedented climate case

EnviroNotes!

On October 17, 2024, the Ontario Court of Appeal (the “ONCA”) issued its highly anticipated ruling in the case of Mathur v Ontario.[1]  In a unanimous decision, the ONCA found that the application judge wrongly interpreted the applicants’ arguments as […]

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( Available in French only )

Développements récents concernant l’écoblanchiment (ou la mascarade verte)

EnviroNotes!

Les entreprises canadiennes doivent se préparer à des changements majeurs en matière d’écoblanchiment (ou de mascarade verte), à la suite de l’adoption, le 20 juin dernier, du projet de loi C-59[1] (PL C-59), qui modifie la Loi sur la concurrence (LC). Ce que […]

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Historic advisory opinion issued by the International Tribunal for the Law of the Sea on States’ international obligations regarding oceans and climate change

EnviroNotes!

On May 21, 2024, the International Tribunal for the Law of the Sea (“ITLOS” or the “Tribunal”) issued its advisory opinion (read the opinion here) on State obligations under international law to prevent, reduce, and control pollution of the marine […]

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Canada’s clean energy future: Clean hydrogen tax credit recent developments

MT Biosphere™

Canada continues to work toward a sustainable, low-carbon economy, using tax incentives to encourage investment in clean energy infrastructure. In the 2022 Federal Budget, the government announced that it would engage experts to establish investment tax credits (“ITCs”) focused on […]

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De-risk and innovate: A primer on carbon contracts for difference

MT Biosphere™

In December 2022, the federal government launched the Canada Growth Fund (CGF), a $15 billion arm’s length public fund designed to accelerate the deployment of innovative emission reduction technologies in Canada. The Public Sector Pension Investment Board, a federal Crown […]

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Alberta announces new policies for future renewable energy projects

EnviroNotes!

On August 3, 2023, the Government of Alberta enacted the Generation Approvals Pause Regulation, which prohibited the Alberta Utilities Commission (“AUC”) from issuing approvals for renewable energy projects between August 3, 2023 and February 29, 2024.[1] The stated purpose of […]

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The impacts of climate change on worker health and safety: What should employers be thinking about?

MT Biosphere™

A heavy storm in Southern Ontario in the Spring of 2022 (labelled a “Derecho” by our meteorologists) caused extensive property damage over a wide swath of some of the most densely populated area of the country. It served as yet […]

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Wearing the mantle of environmental obligations: Implications for secured lenders in Canada

EnviroNotes!

Introduction In a recent case involving Mantle Materials Group, Ltd. (2023 ABKB 488, “Mantle“)[1], the intersection of environmental obligations and insolvency law in Canada has again come into sharp focus. It is the latest iteration of Alberta cases where the […]

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Secured creditors and environmental liabilities: The Qualex quagmire continues

EnviroNotes!

The stakes in the appeal from a recent case in Alberta,  Qualex-Landmark Towers  Inc  v  12-10  Capital Corp (“Qualex”) are rising with the recent decision of the Court of Appeal of Alberta granting leave to intervene to the Canadian Bankers […]

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