Administrative & Public Law

Settlement Counsel – valuable addition to the dispute-resolution toolkit

Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.

Canada Will Introduce A Foreign Influence Transparency Registry – Government of Canada Opens Consultations on the Registry Thru May 9, 2023

Public Safety Canada, the federal department responsible for national security announced consultations on a foreign influence transparency registry.

One Year On: Economic Sanctions Have Become a Primary Tool of Canadian Foreign Policy and New Russian Sanctions are Imposed

Canada continues to impose sanctions against additional countries, including Sri Lanka, Haiti, and Myanmar, and joins the G7 Enforcement Coordination Mechanism.

Broadening the Environmental Enforcement Toolkit: Ontario Expands Administrative Monetary Penalty Regime for Environmental Violations

Ontario is broadening its existing administrative monetary penalties (AMPs) regime for environmental violations.

Clear as Mud: The Legal Implications of Land Use Planning in Yukon

A January 31, 2023 decision of the Yukon Supreme Court has raised serious questions about how permitting decisions will be affected.

Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims

This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.

Quebec Superior Court Orders That Corporations Must Provide Information to Police – Even Where Data Stored Abroad

The Quebec Superior Court rules the American companies may have to produce documents stored abroad to aid in Canadian criminal investigations.

Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions

Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.

Modernization of the Investment Canada Act is Underway

The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.

Supreme Court of Canada Hits Pause Button on Double Royalties Payable by Online Music Service Users

The Supreme Court of Canada ruled that the Copyright Act does not require online music service providers to pay two separate royalties to access works online.

Are First Nation Shared Decision-Making and Collaboration Agreements Being Used Illegally?

What do non-treaty agreements mean for people or companies that may be affected by them.

Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional

On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.

What is the Capital Markets Tribunal?

This article provides further information about the new Capital Markets Tribunal.

Confidentiality of Compelled Testimony is Affirmed by the Ontario Securities Commission

Compelled testimony provided to the OSC is confidential. But what happens when Commission Staff discloses testimony without complying with the Securities Act?

Update re: Adoption & Passing of City of Toronto Inclusionary Zoning Policy

An overview of the most recent updates to the Adoption & Passing of City of Toronto Inclusionary Zoning Policy

Making a Lot out of a Little – Laneway Housing a Niche Market Opportunity for Municipalities, Property Owners, Real Estate Developers and Investors

An overview of laneway suites / housing as means of adding to housing stock in Toronto and beyond.

Divisional Court confirms Environmental Significance of Ministerial Zoning Orders and Importance of Consultation under the Environmental Bill of Rights, 1993

Review of Divisional Court decision: Ontario’s compliance with Environmental Bill of Rights in passing Bill 197, particularly re: Ministerial Zoning Orders

Masters and Clergy – Is the Clergy “Principle” No More?

An overview of a recent Ontario Divisional Court decision which weighs in on the legal status of the Clergy Principle.

Impending Implementation of Ontario’s Inclusionary Zoning Regime in Toronto and the GTA

An overview of inclusionary zoning policies and their impending implementation in Toronto and the GTA.

The LPAT and the New “Ontario Land Tribunals” Cluster

The New Ontario Land Tribunals Cluster and moving forward with hearings at the LPAT.

COVID-19: July 6th Update on the Impacts to Development Applications and Hearings

Status update (July 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing
applications, appeals, and municipal closures.

COVID-19: May 13th Update on the Impacts to Development Applications and Hearings

Status update (May 13, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

COVID-19: April 22nd Update on the Impacts to Development Applications and Hearings

Status update (April 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

COVID-19: April 15th Update on the Impacts to Development Applications and Hearings

Status update (April 15, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

COVID-19: April 7th Update on the Impacts to Development Applications and Hearings

COVID-19: March 30th Update on the Impacts to Development Applications and Hearings

Status update (March 30, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec

An outline of the potential consequences to continuing to operate a business ordered to close by the governments of Quebec and Ontario.

COVID-19: What is the Impact on Development Applications and Hearings?

Status update re: the land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Amendments to the Canada Shipping Act, 2001 and Marine Liability Act

On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, otherwise known as the Budget Implementation Act was given royal assent.

SCC Supports LGBTQ Students In Balancing Religious Freedoms and Statutory Mandates

June 15, 2018, Supreme Court upheld the Ontario and British Columbia Law Societies' decisions to deny accreditation to TWU's proposed law school, a 7-2 decision

SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall[1] holds that judges have no business

Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration

Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

Standard of Review Reform: Maybe Another Time?

Standard of Review Reform: Maybe Another Time?

In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

In this Great Future, You Cant Forget Your Past – Update to the Government of Canadas Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

Judicial Review “Through the Looking Glass”: Issue-By-Issue Analysis

Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis

The Persian Conversion: New rules for doing business in Iran

The Persian Conversion: New rules for doing business in Iran

Updated – Bill 73: Smart Growth for Our Communities Act, 2015

Updated - Bill 73: Smart Growth for Our Communities Act, 2015

When Does Access Become Frivolous?

When Does Access Become Frivolous?

Equitable Remedies at Tribunals? Only if Statutory

Equitable Remedies at Tribunals? Only if Statutory

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

The Emaciation of Ontario’s Labour Relations Board and Human Rights Tribunal

The Emaciation of Ontario's Labour Relations Board and Human Rights Tribunal

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

What Fair is Fair? The Duty of Fairness Owed to RFP Proponents

What Fair is Fair? The Duty of Fairness Owed to RFP Proponents