Natural Resources
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June 07, 2024
SCC rules on interplay of informer privilege & open courts in so-called secret trial case
The Supreme Court of Canada says no “secret” trial occurred during the in-camera prosecution of a confidential police informer in Quebec, but it has ordered 9-0 that a redacted trial judgment should be made public, which contains no information that might identify the police informer in breach of what the top court has previously described as the “extremely broad and powerful” informer privilege.
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June 06, 2024
Aboriginal land claim settlements: Show me the money
Various First Nations in Saskatchewan are on the verge of realizing a cash-effusion by way of land claim settlements. The amounts range from a few million to $150 million. One would think this is cause for celebration; however, numerous band members, being the beneficiaries of these land claim settlements, exhibit confusion and consternation.
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June 04, 2024
First Nation sues Canada and Ontario over decades-long mercury contamination
The Grassy Narrows First Nation has filed a lawsuit against Ontario and Canada, alleging that the Crown breached its obligations to the First Nation by failing to protect their right to fish in a river that has been contaminated with mercury for decades.
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June 03, 2024
SCC’s Wagner urges vigilance, strong defence against false information, justice system attacks
Canada’s top judge says elected officials should not attack the justice system or the judiciary, based on false information that could shake public confidence.
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June 03, 2024
Court of Appeal: Crown had no duty to consult First Nations when revoking regulation
The Ontario Court of Appeal has upheld a lower court decision that found the Crown had no duty to consult First Nations regarding the Ontario government's decision to revoke an environmental regulation.
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June 03, 2024
Privilege waived after submitting incident response report to regulators
A recent decision out of the Alberta Court of Appeal in CNOOC Petroleum North America ULC v. ITP SA, 2024 ABCA 139, found that one company waived privilege over its investigative reports into a pipeline incident when it handed over the reports to regulators.
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
Port Moody joins six other B.C. municipalities in ‘Sue Big Oil’ campaign to recover climate costs
The City of Port Moody, B.C., has passed a resolution in support of a proposed class action against large fossil fuel companies over the costs of preparing communities for climate change, according to a release.
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May 30, 2024
Alberta lashes out at proposed expansion of federal anti-greenwashing laws
Alberta’s environment minister is crying foul over Ottawa’s proposed Bill C-59, saying its anti-greenwashing measures will amount to a gag order on Canada’s oil and gas industry.
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May 27, 2024
GAAR, financial losses and acquisition of control in Madison Pacific Properties Inc. v. The King
In late December 2023, the Tax Court of Canada handed down a lengthy judgment focused on the application of the general anti-avoidance rule (GAAR). GAAR decisions are relatively few and in Madison Pacific Properties Inc. v. The King, 2023 TCC 180 the Tax Court provides further clarification regarding its application.