BC Government Releases a BC Coal Industry Overview 2011
Click here to view the report which was released by the Ministry of Energy and Mines on March 2^nd.

Canadian Electricity Association Calls for Regulatory Efficiency
We at the Canadian Electricity Association have publicly raised, many times, that our electricity sector faces a complex challenge over the next two decades. In order to meet Canada's increasing demands for electricity, we must invest in electricity infrastructure. That means renewing, replacing and adding to the generating stations and power lines that power the economy. According to the Conference Board of Canada, we must invest almost $300 billion, or about $15 billion per year, if we are to maintain reliability, make our power supply even cleaner, and adopt advanced technologies. It's also essential that electricity remain not only affordable for consumers, but a competitive advantage for Canada. Right now, Canada is in the enviable position of having average power rates that are below those of most countries. This helps drive our economic development, and allows our communities to prosper. If we are to successfully renew our electricity system, however, we must improve our ability to make timely decisions on what, where and how to improve the system. It comes down to improving our decision-making structure by increasing regulatory efficiency. Click here for the full story as reported by Jim Burpee with Globe-Net.

Alberta Hopes to Make Oilsands Pipeline Worth the Risks for BC
BC undertakes all the risk and bother of getting the oilsands bounty to market while Alberta scoops the billions in benefits? The question arises as Alberta Premier Alison Redford steps up efforts to promote the oilsands as a national asset, yielding gains for the entire country. That notion sparked a tiff earlier this week between Redford and Ontario’s Dalton McGuinty who complains the strong petro dollar resulting from a booming oilsands industry is hurting his province’s manufacturing sector, making the goods produced more expensive and discouraging export markets. For BC, the issue is entirely different, relating mainly to construction and operation of pipelines across the province’s turf, and tanker ports to transport the crude to United States and Asian markets. It should be noted that Redford is quite correct; both BC and Ontario do benefit substantially from the Alberta resource. According to the Calgary-based Canadian Energy Research Institute, Ontario is the province that will benefit most other than Alberta. Read more.

Provincial Forest Plan Needed to Ensure Forests for Future Generations
VICTORIA – Auditor General John Doyle has released his latest report, An Audit of the Ministry of Forests, Lands and Natural Resource Operations’ Management of Timber. Nearly two-thirds of British Columbia’s 95 million hectares is forested. These forests contribute to employment, tourism and recreational opportunities, as well as generate significant revenue for government to finance public services. However, trends indicate that the future availability of timber will be smaller and less diverse, putting future revenue opportunities at risk. Stewardship responsibility for these forest resources lies with the Ministry of Forests, Lands and Natural Resource Operations. "Industry is legally obligated to reforest the areas it harvests, and it does so," says Doyle. "But government, which is responsible for over 90 per cent of British Columbia’s forests, and whose reforestation decisions have a significant impact on our future forests, is not clear about its own commitments." The audit found that the ministry has not clearly defined its timber objectives and, as a result, cannot ensure that its management practices are effective. Furthermore, existing management practices are insufficient to offset a trend toward future forests having a lower timber supply and less species diversity in some areas. Finally, the audit found that the ministry does not appropriately monitor and report its timber results against its timber objectives. Click here to read the report.

Avatar Grove to be Protected
A grove of giant, old-growth trees near Port Renfrew, which has brought thousands of visitors to the area over the last two years, will be protected by the province. Avatar Grove, a unique stand of centuries-old Douglas firs and red cedars, will be included in an expanded, 59-hectare old-growth management area, Forests Minister Steve Thomson said Thursday. That means no logging or mining, but is one step short of the legislated protection of park designation. Surrey-based Teal-Jones Group, which holds logging rights for the area around Avatar Grove, is being compensated with 57 hectares removed from other old-growth management areas. Read more.

Environmental Class Actions
Harper Grey LLP Lawyers: Lindsay Johnston
Residents of a small town in Northern Ontario launched a class action in 2001, seeking damages for diminished residential property value due to the stigma of nickel contaminants found in soil. The case evolved over 10 years, and the Ontario Court of Appeal ultimately set aside a $36 million award to the claimants. The reasons? Environmental damages need to be proven with concrete evidence – the inability to produce hard, scientific evidence of harmful effects, to prove that land was not used in an exceptionally dangerous manner while the refinery was in operation and to gauge public perception based on facts, not hearsay, all worked against the claimants in the end. Harper Grey's Lindsay Johnston summarizes the implications of this case in the following article: Class Actions and Contaminated Land: Smith v. Inco Limited, ONCA 628.

British Columbia Securities Commission:
Commission Panel Sanctions BC Man for Trading on Insider Information
A British Columbia Securities Commission panel has sanctioned a BC man who breached securities laws when he purchased securities in a mining company that was engaged in an acquisition. David Charles Greenway, a 35-year-old resident of B.C., purchased 68,500 shares of Global Uranium Corp. with knowledge of the company's acquisition of mining claims in Arizona (known as the Anderson Property) before that information was made public. Greenway admitted that he was a person in a special relationship with Global during the acquisition period and that his purchase contravened the prohibition against illegal insider trading. View the full article.

Disciplinary Action and the Timeliness of Warnings
Most employers know that it is not easy to fire or discipline an employee for just cause, especially if the reasons are due to performance problems that continue over time. That is because the employer has to document the problems, provide warnings, and prove that the employee understood that his or her job was on the line if they did not improve. In a recent case, the BC Supreme Court decided that too much time had passed between the employer’s last warning to the employee and the firing and that the employer owed the employee damages for wrongful dismissal when it attempted to demote and then fire that employee. However, in a somewhat contradictory finding, the court also decided that the employee should have accepted the demoted position in order to reduce his wage loss from the termination. Click here to view the full article by Heather Hettiarachchi with Clark Wilson LLP.

BC Plans to Balance in 2013 by Selling Assets, Raising Corporate Taxes
The BC Liberal government charted its return to balanced budgets, tabling a document that promised to privatize its two liquor distribution warehouses, increase MSP premiums and some business taxes, and impose a strict three-year spending freeze across most areas of government. “We made a commitment to the people of British Columbia to return to balanced budgets by 2013-14,” Finance Minister Kevin Falcon told the legislature as he tabled BC’s latest budget, “we will honour that commitment.” Falcon said government will run a $968-million deficit for the coming 2012-13 fiscal year, but plans to return to balance by 2013-14 – the year it is legally obligated to do so. To do this, Falcon said his government will cancel this April’s planned drop in the small business corporate income tax rate, holding it at 2.5 per cent instead of cutting it to zero. Read more.

CBA Expresses Disappointment in Government’s Handling of Justice System Crisis
VICTORIA, BC – The Canadian Bar Association, British Columbia (CBABC), responding to the provincial budget released today, expressed disappointment that the Government decided to maintain “status quo” levels in the justice system and overlook public demand to restore funding to legal aid as an essential service. Underfunding legal aid affects families in crisis and results in clogged courts that slow all cases down, increasing the risk of serious criminal cases being dismissed because they take too long to get to trial. “The CBABC acknowledges the government’s previous allocation of $2.1 million in funding for family law legal aid which is continued in this budget,” said Sharon Matthews, CBABC President. “However, this funding was provided to avoid further cuts to family law legal aid and does not address the status quo crisis in legal aid. This province needs legal aid. Legal aid facilitates cases being resolved efficiently and eases the strain on public resources which fund the justice system.” Matthews continued, “The CBABC has long advocated for a restoration of funding to legal aid as an essential service for families, children and the most vulnerable British Columbians.” View official CBA news release.

The Point of No Return:
More on ICBC Settlements, Finality and Consent
As previously discussed on the BC Injury Law Blog (click here to read all archived posts on this topic), a binding ICBC settlement can be reached even before the "full and final release" is signed. An oral contract can be the point of no return. Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, demonstrating that once a lawyer accepts a settlement offer on behalf of a client, it likely becomes too late for the client to change their mind. In last week’s case (Truong v. Marples) the Plaintiff was injured in a motor vehicle collision. She hired a lawyer to advance her personal injury claim. In the course of the lawsuit, ICBC’s and the Plaintiff’s lawyer agreed to a $10,000 settlement. The Plaintiff agreed her lawyer had authority to accept the offer but argued the deal should not be binding as the offer was ambiguous as it should not have disposed of her no-fault benefits claim with ICBC. The Court disagreed, finding that a binding settlement was reached. Click here to read the full article.

B.C. Eliminates Jet Fuel Tax
British Columbia has delivered on its promise to eliminate the aviation fuel tax for international flights, reducing costs for airlines, creating jobs, giving travellers more choice and supporting the "Canada Starts Here – The BC Jobs Plan" goal of expanding markets. The change is effective April 1. Each new daily international flight creates between 150 and 200 new jobs at Vancouver International Airport (YVR). About 400 additional indirect jobs are created in the community at businesses such as hotels, restaurants, travel agents and tour operators, among others. View government news release.