Monthly Archives: April 2015

ILN Today Post

Validity Of Waste Permit Doesn’t Depend Upon “Zero Environmental Risk”

On March 20, 2015 the B.C. Environmental Appeal Board in Shawinigan Residents Assn. v British Columbia (Directors Delegate, Environmental Management Act) (2015 CarswellBC 802) confirmed the validity of a waste permit, subject to an amendment requiring the monitoring of water quality immediately following a storm event greater than 1 in 200 years. The permit authorized refuse to be discharged to ground as well as effluent to an ephemeral stream from a contaminated soil treatment facility and a landfill. The contaminated soil would be processed through bioremediation and landfilling. The landfilling would involve soil encapsulation in engineered cells. More…

Read full article
ILN Today Post

Ontario’s Mineral Development Strategy

The Ontario government recently published a Discussion Paper on Renewing Ontario’s Mineral Development Strategy. The document is available on the Ministry of Northern Development and Mines website: http://www.mndm.gov.on.ca/en/mines-and-minerals/mineral-development-strategy.

The Discussion Paper is described as a “first step in the development of a renewed mineral development strategy for Ontario.” The Discussion Paper notes progress made since the launch of the government’s 2006 mineral development strategy, particularly the enactment of an amended Mining Act in 2009, which recognized and affirmed existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult with Aboriginal communities and to minimize the impact of mining activities on public health and safety and the environment. More…

Read full article

DAVIS MALM ASSISTS LONG-STANDING CLIENT CLEAN HARBORS, INC. WITH ACQUISITION OF THERMO FLUIDS, INC.

Davis Malm attorneys C. Michael Malm, John D. Chambliss, and Daniel T. Janis represented long-standing client Clean Harbors, Inc. (NYSE: CLH) in its recent $85 million acquisition of Thermo Fluids Inc. from Nuverra Environmental Solutions, Inc., a leading provider of full-cycle environmental solutions to the energy end market. With Thermo Fluids’ range of environmental services already in 21 U.S. states, this strategic acquisition aims to expand Clean Harbors’ environmental services customer base and achieve incremental volumes into its hazardous waste disposal facilities. Additionally, Clean Harbors expects to leverage Thermo Fluids’ highly scalable platform of collection facilities, storage capabilities, rail assets and transportation fleet with its existing re-refining infrastructure.

Read full article

David Austin appears on the CKNW Energy Show

David Austin was featured on CKNW AM 980’s Energy Show (see April 19th at 7pm), a program that explores today’s changing energy landscape. Along with the President of Highnet Energy Inc., David Clark-Wilson (not affiliated with Clark Wilson LLP) and the Co-Founder of the Canadian Geothermal Energy Association, Alison Thompson, David discussed geothermal energy and energy performance improvement.

Read full article

Defendant Property Insurer Need Not Pay Claim Before Issuing Third Party Notice Against Those Responsible for Damage

By Jennifer R. Loeb

A recent BC Supreme Court decision in The Owners, Strata Plan 4249 v. Travelers Insurance Company of Canada confirms that an insurer defending itself in a first party policy lawsuit is entitled to issue third party notices for subrogation against those responsible for the loss.

Read full article

How We Buy What You Sell – and How That’s Changing – A Recap

I’m still recovering from the whirlwind that was #LMA15 – it’s always a festival of education, networking, mentorship, relationship-building, thought leadership, and having amazing, thought-provoking conversations about our industry and where its headed. And I love every minute of it.

But one of my favorite parts, as you know, is the general counsel panel.  This year’s panel was focused on “How we buy what you sell – and how that’s changing.” I had the pleasure of speaking with two of the three panelists in advance of the session, Joe Otterstetter of 3M and Virginia Sanzone of CareFusion, and their comments during the session were very much in line with our conversations. 

Read full article

April 23 Complimentary Webinar Concerning EEOC Wellness Regulations

To register for this complimentary webinar, please click here.

I’d like to recommend an upcoming complimentary webinar, “EEOC Wellness Regulations – What Do They Mean for Employer-Sponsored Programs? (April 23, 2015, 12:00 p.m. EDT) presented by my Epstein Becker Green colleagues Frank C. Morris, Jr. and Adam C. Solander.

Read full article
ILN Today Post

A full-sized penalty for a half-baked campaign

In its decision handed down last Friday, the Federal Court of Australia has ordered Coles Supermarkets Australia (Coles) to pay pecuniary penalties in the sum of $2.5million in an action brought against it by the Australian Competition and Consumer Commission.

The case is significant because, despite the fact that there was no evidence that consumers had suffered any significant harm, the penalty imposed by the Court was at the higher end of the scale. More…

Read full article
ILN Today Post

APRA comments on residential mortgage lending

APRA has released APG223, which provides useful commentary on the use of brokers by ADIs and other aspects of residential mortgage lending.

Lending secured by mortgages over residential property constitutes the largest credit exposure in the Australian banking system, and for many ADIs, represents over half their total credit exposures.  This concentration of exposure warrants ADIs paying particular attention to residential mortgage lending practices.

APRA’s Prudential Practice Guides (PPGs) provide guidance on APRA’s view of sound practice in particular areas, but do not themselves create enforceable requirements. PPGs for Authorised Deposit Taking Institutions are called APGs. More…

Read full article
ILN Today Post

Mr. Takashi Koyama authored an article concerning the investment treaty arbitration case of Achmea B.V. v. The Slovak Republic, UNCITRAL, Award on Jurisdiction, Arbitrability and Suspension, 26 October, 2010, that appeared in the ‘JCA Journal’.

April 10, 2015 – Mr. Takashi Koyama authored an article in the ‘JCA Journal’ (Vol. 62, No. 4, April 2015) titled “The Existence of a “Dispute” and the Prima Facie Test for a Tribunal to Have Jurisdiction” (Achmea B.V. v. The Slovak Republic, UNCITRAL, PCA Case No. 2008-13 (formerly Eureko B.V. v. The Slovak Republic), Award on Jurisdiction, Arbitrability and Suspension, 26 October, 2010. (in ‘JCA Journal’, Vol. 62, No. 4, April 2015). More…

Read full article