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Category Archives: Supreme Court

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The Supreme Court clarifies the role and nature of the “prudence” test in Canadian utility regulation

Posted in Ontario Energy Board, Supreme Court
Ontario

The Supreme Court of Canada recently released its highly anticipated decisions on utility regulation in Ontario Energy Board v. Ontario Power Generation Inc., 2015 SCC 44 (noted as an Appeal to Watch in 2015 here) and ATCO Gas and Pipelines Ltd. v. Alberta (Utilities Commission), 2015 SCC 45 . These regulatory decisions analyzed a utility’s ability to recover operating and capital costs from consumers through rate-setting, and the methodology to be used in approving rate increases.… Continue Reading

Supreme Court of Canada upholds the constitutional validity of administrative monetary penalties

Posted in Federal, Supreme Court
Québec

The Supreme Court of Canada (the “SCC”) recently upheld the constitutional validity of administrative monetary penalties (“AMPs”) imposed under the Income Tax Act (the “ITA”) by concluding that they are of an administrative nature rather than of a criminal nature. This SCC decision might have consequences in other areas of law, in particular in environmental law, where the imposition of AMPs is now common practice.

In the case of Guindon v. Canada[1], Julie Guindon was assessed penalties totalling $546,747 under section 163.2(4) of ITA, which provides for the imposition of AMPs on … Continue Reading

Aboriginal title declared in historic SCC decision, Tsilhqot’in Nation v. British Columbia

Posted in Aboriginal, Supreme Court

On June 26, 2014, the Supreme Court of Canada (SCC) released its highly anticipated decision in Tsilhqot’in Nation v. British Columbia.[1] In this ground-breaking decision, Canada’s highest court granted a declaration of Aboriginal title over a tract of Crown lands to the Tsilhqot’in Nation (Tsilhqot’in) of the west central interior of British Columbia. This is the first time in Canadian history that Aboriginal title has been definitively established and affirmed.

In allowing the appeal of the Tsilhqot’in from the decision of the British Columbia Court of Appeal (BCCA) in William v. British Continue Reading