In the autumn of 2007, the rules in the Environmental Code on liability for environmental damage in the form of pollution were made more stringent. The changes were due to the EC directive on environmental liability (1). The liability of businesses operators and property owners has thus become more extensive. Amendments have, inter alia, been made to chapter 10 of the Environmental Code ...
According to statistics, 76% of the leading 100 UK retailers have plans to replace at least one of their core IT systems in 2008. Ensuring that your IT system is up to date is vital. Using outdated software packages often results in poor service delivery and inefficient business management. Many old systems are not capable of meeting current legislation requirements or are not able to deliver reports to demonstrate compliance ...
Patents offer useful services. With them, the holder can prevent competitors from offering products using the patented technology. In addition to the rights that a patent holder has had up until now (injunction, disclosure, indemnification), now a fourth right is joining in on the action and is continuously gaining in significance. This right involves the right to inspection. It is especially important in the case of process patents and at trade shows ...
Prohibition of Certain Toxic Substances Regulations 2008 - Environment Canada Consultation DocumentEnvironment Canada hold consultations in January 2008 on modifications to the Prohibition of Certain Toxic Substances Regulations, 2005 that would prohibit the manufacture, use, sale, offer for sale and importation of certain toxic substances. The modified regulations would replace the Prohibition of Certain Toxic Substances Regulations, 2005 ...
On May 27, 2008, Line Beauchamp, Minister of Sustainable Development, Environment and Parks, announced an envelope of $60 million under the Assistance program to reduce or avoid greenhouse gas emissions by implementation of intermodal projects in freight transportation, to fund new projects aimed at reducing greenhouse gas emissions ...
On May 9, 2008, the Ministère du Développement durable, de l’Environnement et des Parcs (MDDEP) presented its new pricing system for applications for environmental authorizations. The Order-in-Council provides for a rate grid based on the nature of the work covered by the application for authorization. The base rate is $500, unless another rate is stipulated in the rate grid ...
On April 29, 2008, the Minister of Sustainable Development, Environment and Parks, Line Beauchamp, announced the adoption of new measures to improve water quality and reduce greenhouse gas emissions. An amount of $16.4 million has been allocated to enable agricultural operations to intensify their actions favouring the preservation and improvement of water quality ...
In one of the first decisions in Quebec since the landmark Domtar case(1), the Québec Court of Appeal has refined the parameters of the liability of a professional vendor and of a manufacturer for a latent defect. In this case,(2), Joseph Élie Limitée (“Élie”) had sold an oil tank manufactured by Réservoirs d’acier Granby (“Granby”), and supplied the oil to its customer, who was insured by Federation Insurance Company of Canada (“Federation”) ...
In one of the first decisions in Quebec since the landmark Domtar case(1), the Québec Court of Appeal has refined the parameters of the liability of a professional vendor and of a manufacturer for a latent defect. In this case,(2), Joseph Élie Limitée (“Élie”) had sold an oil tank manufactured by Réservoirs d’acier Granby (“Granby”), and supplied the oil to its customer, who was insured by Federation Insurance Company of Canada (“Federation”) ...
One more lengthy battle in a legal saga has just come to an end. Indeed, on June 4, 2008, the Court, comprised of Quebec’s Chief Justice, Michel Robert, and Justices Jacques Chamberland and Louis Rochette, rendered a unanimous judgment.(1)To set the stage, consider a salmonella outbreak in Abitibi, some premature deaths, dozens of persons poisoned, three producing farms.. ...
The increasing number of recalls of consumer products in recent years is indicative of a trend that has raised concerns for governmental authorities. In response, the Canadian government announced, on April 8, 2008, a reform of the existing legislation to strengthen the protection of human health and safety. The first step was the introduction of the Canada Consumer Product Safety Act (Bill C-52) and the second, the reform (Bill C-51) of the Food and Drugs Act (R.S.C ...
Concerns over global climate change have sparked a series of legislative and policy responses on the provincial, federal, regional, and international levels. The challenge of complying with climate change policy is that different governments have invoked a number of different policy tools to respond and adapt ...
On September 23, 2008, the Western Climate Initiative (“WCI”) released its Design Recommendations for the WCI Regional Cap-and-Trade Program (the “Program”) ...
Government Regulation No. 2 of 2008 regarding the Types and Rates of Non-tax State Revenue Derived from the Utilization of Forest Areas for the Development of Non-forestry Activities Applicable to the Department of Forestry ("GR No. 2/2008") introduces a new scheme of forest exploitation fees for non-forestry companies such as those engaged in mining, oil and gas, geothermal power and telecommunications companies conducting activities in forest areas ...
Since the establishment of the Dubai International Financial Centre (DIFC) in late 2004, banks and other financial-service providers established or registered within the DIFC have been restricted to operating only in the wholesale market. From July 1, 2008 it has, however, been possible to provide financial services to retail customers in or from the DIFC. Initially, the DIFC was described as a wholesale financial-services environment ...
The three major automobile manufacturers in the United States, General Motors, Ford and Chrysler, have indicated that without significant financial assistance from the government a filing for reorganization under Chapter 11 of the United States Bankruptcy Code is likely. Such a filing would have a significant impact on car dealers ...
The Supreme Court of Canada ended a lengthy legal saga on November 20th(1) when it ordered St. Lawrence Cement Inc. to compensate residents of Beauport living near its cement plant. Comments on prescription, the assessment of damages and the granting of future damages follow. The facts “Dust they are, and unto dust they shall return, yet human beings have difficulty resigning themselves to living in dust ...
Consumers currently spend €24bn every year in cross-border transactions, but this is only a fraction of the potential market.Many individuals are dissuaded from spending more by doubts over issues such as delivery timescales and after-sales service.EU forecasters expect online revenues within Member States to grow by 230% in the next five years, but only if the way is smoothed by the adoption of a new Consumer Rights Directive ...
But which practical actions could add up to substantial cost savings in the current climate and for the future?: try to capitalise on potential rent savings in volatile markets look to release funds from the portfolio - sweat the assets make sure that service charges are kept in check act quickly on sub-tenant default These are the key messages:
The liability to remedy contamination is not limited in time but is only limited by the Environmental Code’s transitional rules, where a business operator can be held liable to take remedial actions if the actual operation of the business has been carried out after 30 June 1969. Further, a business operator can be held liable to take remedial actions if the operator has acquired contaminated property after 1 January 1999 ...
The Advocate General of the European Court of Justice (ECJ) expressed her opinion in respect of a reference for a preliminary ruling from a German court. The main proceedings before the German court concern a German distance retailer who tried to charge the customer of a second-hand laptop for the eight months of use she had ...
The property industry will have an opportunity to assess the impact of the Carbon Reduction Commitment (CRC) when a user guide and a consultation paper are issued by the Government, this month. The CRC is a UK-wide, legally binding scheme designed to reduce energy use, and a key component of the Government's strategy to reduce carbon emissions attributable to property ...
Environmental laws sweep broadly, regulating a wide range of business activities. Environmental laws create obligations and liabilities that affect not only ongoing businesses, but business transactions as well. They also may form the basis for, or otherwise be relevant to, litigation ...
In the 18th and 19th centuries, the Industrial Revolution produced radical transformations not only in technology, including an ever increasing use of fossil fuels, but also in economic policies and social structure ...
The European Court of Justice (ECJ) has ruled that luxury brand owners can use their trade mark rights to prevent licensees selling goods to discount stores in breach of licence. Facts In 2000, Dior entered into a trade mark licence with Societe Industrielle Lingerie (SIL) for the manufacture and distribution of corseted clothing bearing the 'Christian Dior' trade mark ...
