In an unusual five judge ruling, the Ontario Court of Appeal reconsidered its decision in Sharma v. Timminco (2012 ONCA 107). This case held that a failure to obtain leave to commence an action under the secondary market liability provisions of the Ontario Securities Act (s.138.3) within the three year limitation period provided in the Securities Act was fatal to the action, despite provisions of the Ontario Class Proceedings Act (CPA s. 28) that provide for a suspension of limitation periods for claims asserted in a class proceeding (Green v. Canadian Imperial Bank of Commerce, 2014 ONCA 90).
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Canadian
Canadian regulators are focusing their attention on facilitating development in the oil and gas industry, and they are also increasing the accountability of operators. Significantly, environmental liability insurance requirements are expected to increase for both pipeline and railway operators, reducing the extent to which governments and taxpayers cover the costs of cleanup and other damages caused by spills and accidents.
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Business & Legal,
Environmental risks,
Environmental,
Oil & Gas,
Insurance,
Insurance Claims,
Transportation,
Canadian
On October 28, British Columbia, California, Oregon and Washington signed the Pacific Coast Action Plan on Climate and Energy, committing themselves to align efforts to control greenhouse gas (GHG) reductions to combat climate change, and to promote clean energy. The Action Plan is adopted under the aegis of the Pacific Coast Collaborative, which encompasses these four jurisdictions plus Alaska.
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California Legislation,
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Environmental,
EPA,
Greenhouse Gas,
ghg,
climate change,
Canadian
In late September 2013, California’s Air Resources Board (ARB) and the government of Quebec signed an agreement to harmonize and integrate their cap-and-trade programs for reducing greenhouse gas (GHG) emissions. California’s GHG programs under AB 32 will be officially linked with Quebec’s programs beginning January 1, 2014.
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Business & Legal,
California Legislation,
Environmental risks,
Environmental,
Greenhouse Gas,
ghg,
climate change,
Canadian
Workers throughout the United States and Canada are protected by occupational health and safety laws, administered by federal, and state or provincial worker safety agencies—such as the U.S. Occupational Safety and Health Administration and the Workers' Compensation Board of British Columbia (WorkSafeBC). Most of these agencies recognize workplace violence as a potential hazard, although regulatory requirements associated with this hazard vary considerably among jurisdictions. Effective November 1, 2013, British Columbia supplements its longstanding workplace violence prevention requirements with requirements for "all reasonable steps to prevent where possible, or otherwise minimize, workplace bullying and harassment." BC provides separate, complementary rules for:
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Corporate Governance,
Business & Legal,
Employer Best Practices,
Employee Rights,
Training,
Workplace violence,
Canadian
