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Searching Content indexed under Litigation, Mediation & Arbitration by Charles Birchall ordered by Published Date Descending.
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Court Of Appeal Rules On Latest Contaminated Lands Case: Huang v Fraser Hillary's Limited
On June 8, 2018, the Ontario Court of Appeal released its latest decision dealing with liability for contaminated lands: Huang v. Fraser Hillary's Limited.
Canada
18 Jul 2018
2
Supreme Court Finds Development Of Jumbo Valley Ski Resort Does Not Impair Ktunaxa Nation's Freedom Of Religion
In Ktunaxa Nation v British Columbia, the Supreme Court considered the application of freedom of religion to Indigenous spirituality for the first time.
Canada
13 Nov 2017
3
Heavy Lies The Head That Wears The Crown: SCC Delivers Clyde River And Chippewas Judgments
On July 26, 2017, the Supreme Court of Canada released its unanimous decisions in Clyde River (Hamlet) v Petroleum Geo-Services Inc. and Chippewas of the Thames First Nation v Enbridge Pipelines Inc.
Canada
1 Aug 2017
4
BC Court Declines To Issue Injunction In Aboriginal Treaty Rights Case
The Supreme Court of British Columbia recently released its decision in Yahey v British Columbia. The Court clarified the requirements for Aboriginal groups seeking to enjoin or prohibit future...
Canada
19 Jul 2017
5
Is There A Duty To Consult On Legislation? SCC May Decide
This week the SCC received an application to hear an appeal of the Federal Court of Appeal ("FCA") decision in Canada (Governor General In Council) v Courtoreille ("Courtoreille").
Canada
23 Feb 2017
6
Update: Wind Farms vs Blanding's Turtles – ERT Decision Stands
The period for filing an appeal of the Environmental Review Tribunal ("ERT") decision on the Ostrander Point Wind Farm has passed.
Canada
15 Jul 2016
7
Wind Farms Vs Blanding's Turtles – A Final Decision At Last?
On June 6, 2016 the Environmental Review Tribunal released its decision determining the appropriate statutory remedy respecting the Director's approval of the construction and operation of a nine turbine wind farm at Ostrander Point.
Canada
1 Jul 2016
8
Métis And Non-Status Indians: Out Of The Jurisdictional Wasteland
On April 14, 2016, the Supreme Court of Canada released its decision in Daniels v Canada (Indian Affairs and Northern Development).
Canada
3 May 2016
9
Yellowknives Dene First Nation V. Debogorski: Is The Duty To Consult Changing?
On June 23, 2015, the Federal Court of Appeal released Yellowknives Dene First Nation v. The Minister of Aboriginal Affairs and Northern Development, the Mackenzie Valley Land and Water Board, and Alex Debogorski, 2015 FCA 148.
Canada
24 Jul 2015
10
BC Court Of Appeal: First Nations Can Bring Tort Claims For Harm To Asserted Rights
On April 15, 2015 the British Columbia Court of Appeal ("BCCA") released Saik'uz First Nation v Rio Tinto Alcan Inc. ("Saik'uz").
Canada
13 May 2015
12
Update: Canada Files Notice Of Appeal For The Injunction Granted By The Northwest Territories Supreme Court To Delay Elimination Of Wek'čezhěi Land And Water Board
This is an update to our March 2, 2015 article entitled Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Elimination of Wek'čezhěi Land and Water Board.
Canada
31 Mar 2015
13
Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Elimination Of Wek'čezhěi Land And Water Board
On February 27, 2015, the Supreme Court of the Northwest Territories (NWTSC) released its interlocutory decision in Tłįchǫ Government v Canada (Attorney General).
Canada
3 Mar 2015
14
Supreme Court Clarifies Provincial Aboriginal Consultation Responsibilities When Issuing Resource Permits In "Keewatin" And Applies "Tsilqot’in" Infringement Test
The Supreme Court of Canada’s recent decision in Grassy Narrows First Nation v Ontario (Natural Resources) underscores once again the Crown’s duty to consult.
Canada
18 Jul 2014
15
Court Awards Ostrander Costs In Blanding’s Turtle Appeal
Prince Edward County Field Naturalists and the Alliance to Protect Prince Edward County should pay "fair and reasonable" costs to Ostrander Point GP Inc. within 30 days of the decision.
Canada
17 Jul 2014
16
ERT ’s Bornish Wind Farm Decision Requires Sufficient Evidence Of Serious And Irreversible Harm
To prove that a wind energy project will cause serious and irreversible environmental harm, you will need an expert and a scientifically solid case.
Canada
3 Dec 2013
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