Supreme Court of Canada rules self-help remedies an abuse of process *

Canada - May 9 2013
On May 9, 2013, the Supreme Court of Canada released reasons in Behn v. Moulton Contracting Ltd., 2013 SCC 26, ruling that resorting to self-help…

Co-authors: Charles F. Willms.

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Damages claim for treaty infringement from cumulative impacts allowed to proceed *

Canada - May 3 2013
In Lameman v. Alberta, 2013 ABCA 148, the Alberta Court of Appeal dismissed an appeal by the Crown in Right of Alberta ("Alberta") and the Attorney…

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Alberta Court of Appeal finds Powley criteria apply to Métis Settlement members *

Canada - January 22 2013
In L'Hirondelle v. Alberta (Sustainable Resource Development), 2013 ABCA 12, the Alberta Court of Appeal confirmed the Powley test remains applicable…

Co-authors: Brenden Hunter.

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BC Court of Appeal finds consultation and accommodation under EA process reasonable *

Canada - November 26 2012
On November 22, 2012, the B.C. Court of Appeal allowed the appeals of the Province and the District of North Cowichan in Halalt First Nation v. British Columbia, 2012 BCCA 472, setting aside the lower court’s order (2011 BCSC 945) which had stayed the operation of the Chemainus Wells Project pending further consultation and accommodation.

Co-authors: Kyla Stott-Jess .

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BC Court of Appeal finds municipalities hold no duty to consult *

Canada - September 26 2012
On September 23, 2012, the B.C. Court of Appeal (2012 BCCA 379) upheld the decision of Mr. Justice Leask (2012 BCSC 499) in Neskonlith Indian Band v. Salmon Arm (City), concluding that local governments do not hold an independent duty to consult.

Co-authors: Charles F. Willms.

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