SCC blocks federal takeover bid *

Canada - December 22 2011
On December 22, 2011 the Supreme Court of Canada unanimously held that the proposed Canada Securities Act, as presently drafted, is not valid under the general branch of the federal government's power to regulate trade and commerce conferred by section 91(2) of the Constitution Act, 1867.

Co-authors: Murray J. Braithwaite .

Combined Air Mechanical Services Inc v Flesch: the Court of Appeal reboots the summary judgment jurisprudence *

Canada - December 6 2011
In a decision released on December 5, 2011, a five-judge panel of the Ontario Court of Appeal has attempted to provide long-awaited guidance concerning the effect of the recently expanded summary judgment rule.

Co-authors: Scott M.J. Rollwagen.

Keewatin decision potentially invalidates Ontario licences and leases granted within treaty lands *

Canada - August 25 2011
In its recent decision in Keewatin v. Minister of Natural Resources ("Keewatin"), the Ontario Superior Court of Justice held that the Province of Ontario does not have the authority under either Treaty 3 or the Constitution Act, 1867 to "take up" tracts of land for forestry within lands subject to Treaty 3 that were added to Ontario in 1912 (the "Keewatin Lands") so as to limit the right to hunt and fish guaranteed to the plaintiffs under the Treaty.

Co-authors: Murray J. Braithwaite .