ESG litigation and regulatory risks: Managing claims and liabilities for Canadian business

The court also considered that Starbucks had engaged in careful deliberation before determining it should not retract the challenged initiatives, and thus the advocacy group failed to rebut the presumption that the Board had acted on an informed basis, in good faith, and in an honest belief that rejecting the group’s demand to retract the DEI initiatives was in the best interests of Starbucks.8 Re. [...] The Milieudefensie case is also noteworthy for its application of the UNGPs: the case referred to the UNGPs as “an authoritative and internationally endorsed ‘soft law’ instrument”, and found that they were “suitable as a guideline in the interpretation of the unwritten standard of care”.49 Given the status of the UNGPs as a benchmark for human rights and ESG due diligence, it is possible that sim. [...] Most climate change litigation in Canada has been directed against the government.50 The claims in Environnement Jeunesse, La Rose and Misdzi Yikh failed at an early stage (with the courts refusing to authorize the proceeding as a class action in the first case, and striking the claims in the latter two), though the Federal Court of Appeal in La Rose and Misdzi Yikh determined that the applicants. [...] This decision was upheld by the Hague Court of Appeal and the Supreme Court of the Netherlands under Article 2, the right to life, and Article 8, the right to respect for private life, family life, the home and correspondence, of the European Convention on Human Rights.53 However, sometimes it is the government that drives environmental litigation. [...] K., under the Companies Act 2006, directors must consider, among other things, the interests of the company’s employees, the impact of the company’s operations on the community and the environment, and the need to foster good business practices with suppliers and customers.58 As we can see, the U.