To date, Canada has not seen large-scale environmental class actions, as found in the U.S., since the Canadian class action regime is more restrictive. Environmental class actions are available for claims involving a reduction in property values as a result of pollution, but currently are not available for health claims.
Provincial employment law in Canada is based on a workers’ compensation program under which workers can recover for their injuries from centrally administered funds, but are prevented from suing their employers for injuries or health problems sustained on the job. The funds can, in turn, commence subrogated claims in the names of the workers against the parties responsible for the injuries and health problems (as was done with asbestos claims).
While civil litigation involving land contamination, health effects from pollution, or other environmental damages is available, the use of punitive damages in Canada is more limited than in the U.S., and tort claims are often subject to court-imposed caps.
Additional posts from the blog
On February 6, 2014, the Ontario Securities Commission (“OSC”) released OSC Staff Notice 51-722 Report on a Review of Mining Issuers’ Management’s Discussion and Analysis Guidance (the “Report”). The Report summarizes the results of a review conducted by the OSC of the annual and interim Management’s Discussion and Analysis (MD&A) filed by 100 mining companies with market capitalization of less than $100 million (the “Review”) and is designed to serve as a tool to assist small mining companies to navigate regulatory requirements.
Alberta Securities Commission publishes Staff Notice 91-704 Over-the-Counter Derivatives Transactions
On January 2, 2014, Alberta Securities Commission (“ASC”) staff published Staff Notice 91-704 Over-the-Counter Derivatives Transactions (“ASC Staff Notice 91-704”) summarizing the current regulatory framework governing over-the-counter (“OTC”) derivatives trades in Alberta.
On December 18, 2013, Hydro-Québec Distribution (“HQD”) officially launched call for tenders A/O 2013-01 for the purchase of a 450 MW block of wind power (“A/O 2013-01”).