Drone in Flight

Five Things to Know Before Flying a Drone Over Real Estate or Construction Sites

By Gregory A. Liakopoulos and Micaela Zila

In a wide range of industries across North America, drones and drone technology are being embraced for commercial purposes. The Federal Aviation Administration in the United States estimates that millions of recreational drones will be in the air over the next few years, and it’s only a matter of time before commercial drones become commonplace too. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
Old well

Bulletin 2016-16: Alberta Energy Regulator Releases New Requirements in Wake of Redwater Decision

By Vivek Warrier, Brad Gilmour, and Don Greenfield

Industry and the public may face significantly higher costs as a result of the much anticipated decision of the Alberta Court of Queen’s Bench in Redwater Energy Corporation (Re), 2016 ABQB 278, issued on May 19, 2016. The Court held that trustees and receivers of insolvent companies can disclaim uneconomic oil and gas assets under the federal Bankruptcy and Insolvency Act, then sell the valuable oil and gas assets for the benefit of secured creditors.

Currently under appeal by the Alberta Energy Regulator (AER) and Orphan Well Association (OWA), the Redwater Decision leaves in its wake serious questions regarding responsibility and liability for the immediate care and custody, and the ultimate abandonment, reclamation and remediation of such disclaimed assets. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
Stack of paper

How Rude! Incivility and the Groia Appeal

By Ranjan Agarwal

That loud whirring you heard earlier this week? It was the sound of Ontario’s 50,000 (or so) lawyers collectively printing the 169-page, 445-paragraph decision in Groia v The Law Society of Upper Canada. The case has been breathlessly reported on by newspapers, bloggers and the legal press, so the facts should be well known. Joseph Groia, a Bencher of the Law Society of Upper Canada and a leading barrister, was disciplined in 2012 for uncivil conduct during his defence of Bernard Felderhof on quasi-criminal charges of violating Ontario’s Securities Act. The trial, which lasted 160 days over seven years, and included a mid-trial appeal (on Groia’s uncivil conduct), was, in the words of Justice Cronk, “complex, protracted and exceptionally acrimonious”. Felderhof was acquitted. Subsequently, the Law Society commenced a discipline proceeding against Groia, alleging that his conduct during the trial was rude, improper and disruptive—in a word, he was uncivil. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
Host Liability

Host Liability for Social Events

By Scott H.D. Bower and Joan D. Bilsland

Social events are a staple of business and personal lives. Along with the opportunities to enjoy conversation, food and drinks comes the concern of host liability for both work and personal events where alcohol is served. To help you navigate your responsibilities at work and home, please see our latest edition of the Bennett Jones Host Liability guide which provides an introduction to host liability. We review the law, show the risks and lay out steps for employers to take to better protect employees, clients, the company, and, most of all, the general public when it comes to hosting social events.

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
Donald Trump

Deceptive Marketing Class Actions: Trump University

By Mike Eizenga and Will Bortolin

The most talked about class action in Canada of late is not a Canadian class action at all, but rather one commenced in a U.S. District Court in the Southern District of California. Low v. Trump University, already certified and scheduled for a jury trial in November of this year, involves various claims against Trump University and against Donald Trump personally for allegedly over-promising and under-delivering on a series of “Trump University” real estate investment education programs and seminars.

This post will briefly review what the case is about and provide a Canadian legal perspective on two key issues: (1) the amenability of the deceptive marketing claims to class treatment; and (2) the exposure of “brand ambassadors” to personal liability for misrepresentations. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
Solar Panel

Advancing Energy Efficiency Programs in Alberta

By David Macaulay, Tom McInerney, Duncan McPherson, Jana Prete

Recently, the Government of Alberta appointed the following panel members to the Energy Efficiency Advisory Panel: Dr. David Wheeler, Chair (President and Vice Chancellor, Cape Breton University), Michele Aasgard (Executive Director of Alberta Community and Co-operative Association), Desmond Bull (Councillor for the Louis Bull Tribe of the Maskwacis Nation), Tanya Doran (Senior Sustainability Lead – Alberta for Stantec), Roni-Sue Moran (Director of Industry Relations Corporation), Jesse Row (Founder and Executive Director for Alberta Energy Efficiency Alliance) and Marc Huot (Technical Advisor from the Municipal Climate Change Action Centre). In concert with establishing the Panel, the Government of Alberta has included in its recent Bill 20 – Climate Leadership Implementation Act, establishment of  Energy Efficiency Alberta as the Crown corporation intended to deliver programs and services promoting energy efficiency and small scale renewable electricity projects. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
Mining

The June 30th Enrollment Deadline for ESTMA Compliance is Looming

By Eden Oliver, Richard Stone, and Sharon Singh

Natural Resources Canada (NRCan) is calling for those entities required to report under the Extractive Sector Transparency Measures Act (ESTMA) to enroll for an ESTMA identification number by submitting a Contact Form to NRCan by email here before June 30, 2016. Those entities required to report for their first financial year that started after June 1, 2015 must enroll by this deadline. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
Ontario Forest

Ontario Releases Official Climate Change Action Plan

By Mike Barrett

The Ontario government has officially released Ontario’s Five Year Climate Change Action Plan 2016-2020.

The proposed Climate Change Action Plan was leaked three weeks ago and the officially released version is substantially similar to the leaked version. The Bennett Jones Climate Change & Emissions Trading Group previously summarized the relevant details of the leaked version. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
ThoughtNetwork_FeaturedImage_Power

AESO’s Recommendations on Renewable Electricity Program

By David Macaulay, Thomas McInerney, Brad Gilmour, Jana Prete, Duncan McPherson and Aleema Jamal

On May 31st, the Alberta Electric System Operator (AESO) made its recommendations to the Government of Alberta, based on the survey results it received on the Renewable Electricity Program (REP). The REP, a subset of the broader Climate Leadership Plan (summary here), focuses on the process that will be used to bring on renewable electricity. The Survey reached a diverse audience, including potential developers/investors, associations, and environmental public policy groups. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone
Litigation Funding

Third-Party Litigation Funding Revolutionizing Commercial Litigation, Despite Some Challenges in Common Law

By Lincoln Caylor and Ranjan Agarwal

Originally published by ICC FraudNet

One of the most critical developments in civil – and potentially, commercial – litigation in recent years has been the growth of third-party financing of legal costs for cases that might not otherwise have their day in court. Originating in Australia and the UK more than a decade ago, third-party litigation funding agreements (LFAs), in which institutions offer financing for a percentage of any monetary recovery in the case, are enabling plaintiffs to seek justice through court actions that otherwise would be cost-prohibitive. This includes fraud, environmental, and corporate cases worldwide.

Several recent news events illustrate the dramatic paradigm shift that third-party funding can bring even to complex commercial litigation, where the parties typically bear pre-emptive upfront costs just to determine the merits of mounting a case. (more…)

Share on LinkedInTweet about this on TwitterShare on FacebookShare on Google+Email this to someone