Nesting dolls of “directly affected” in federal law under judicial review

October 18th, 2013 by Laura Bowman

Recently, the Federal Court of Appeal released a decision on a procedural issue in Forest Ethics Advocacy Association v. Canada (National Energy Board), 2013 FCA 236 (CanLII).  Forest Ethics is suing the government over recent changes to the National Energy Board Act which it claims “unreasonably restrict public comment on project proposals.” At issue is a new section introduced in one of the large conservative budget bills which limits participation on issues before the National Energy Board (NEB) to those who are “directly affected.”

In the decision, the Federal Court of Appeal had to decide whether Enbridge and Valero – two oil and gas companies – would have standing to become respondents or intervenors in the case against the government.  Ironically, the court had to interpret section 303 of the Federal Courts Act which also uses the “directly affected” test.

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Reparation after the Bangladesh garment factory disaster

September 26th, 2013 by Kirsten Iler

In the wake of the Rana Plaza factory collapse in Bangladesh this April, the corporations who use the factory expressed grave concern for the deceased workers and their families and committed to helping them.

Built on swampland outside the capital city of Dhaka and housing five factories, when the Rana Plaza building collapsed, 1,100 workers were killed and 1,900 injured. Most of the workers, and thus the victims, were women.

Although one of the world’s worst industrial disasters, to date only one retailer has given compensation to the victims of the Rana Plaza disaster.

No agreement was reached at the recent Geneva meetings to address compensation, which many called a failure. Meanwhile, trade unions report that many victims and their families are barely surviving and may lose their homes.

Read more on rabble.ca

Co-op housing eviction reform bill passes third reading

September 25th, 2013 by Celia Chandler

Bill 14, which will reform the evictions process for co-operative housing passed its third reading on Tuesday and will be brought into force at a date to be determined. The law will take co-op evictions out of the courts and place them under the umbrella of the LTB.

Reaching this point, has taken a long time. MPP Michael Prue, speaking on Monday, recalled its genesis in 2004 and the many roadblocks it has faced along the way:

Between the time when it was promised by the government [2007], we’ve had prorogations, we’ve had elections being called, we’ve had bills reintroduced, we’ve had stalling, we’ve had filibusters, we’ve had everything else you can possibly imagine, only to come full circle today, where everybody is in approval of it.

MPP Bob Delaney perhaps summarized many people’s feelings when he said “It’s now time to stop hearing the sound of our voices in the Legislature, get this bill to committee, get it passed and get it enacted.”

As they were throughout these long years, CHF Ontario officials were present for the debate.

 

Client Profile: Regent Park Film Festival

September 9th, 2013 by Iler Campbell

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The Regent Park Film Festival is Toronto’s ONLY free, multi-cultural, film festival. The Festival is dedicated to bringing high quality independent films to people from all walks of life, with a focus on folks from low-income and public housing communities. The Regent Park Film Festival promotes arts education through film and video for all ages, but particularly for young people – bringing them stories from around the world to learn from and grow.

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Report describes unequal access to justice in Canada

August 29th, 2013 by Shelina Ali

The Canadian Bar Association (CBA) released a summary report from the Access to Justice Committee this month called Equal Justice: Balancing the Scales. It addresses the challenges to accessing the civil justice system in Canada and sets out targets that should be achieved by 2030. The targets engage many different sectors of society, including provincial and federal government, the courts system, law schools, members of the legal profession and the public, to improve the accessibility of the civil justice system.

The CBA report comes on the heels of the recent Ontario Superior Court of Justice decision York University v. Markicevic et. al, where Justice Brown quite openly addressed the burdensome costs associated with civil litigation and the right to access the civil justice system (including accessing legal representation).

Read more on rabble.ca

Client Profile: Bethune Housing Co-operative Inc.

August 26th, 2013 by Iler Campbell
Bethune Housing Co-operative in Gravenhurst

Bethune Housing Co-operative in Gravenhurst

Bethune Housing Co‑operative Inc. is the only non-profit housing co‑operative in Gravenhurst, Ontario.  Bethune’s 31 units are in a low rise building surrounded by trees on the edge of beautiful Muskoka.  Incorporated in 1991, Bethune is a modern building with many fully accessible units, helping to fill a need for affordable housing in this part of Ontario.

Working through its Co‑ordinator and now a property management company, Bethune’s board has called on Iler Campbell LLP for advice primarily on member issues since 2000.  And despite the miles between Gravenhurst and Toronto, we’ve been just a phone call or email away.