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B.C. Court of Appeal clarifies public consultation proceses
- McCarthy Tétrault LLP
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- Canada
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- April 10 2007
There have been a number of recent cases relating to the scope of consultation that must occur with First Nations in respect of Crown decisions relating to major projects
The Superior Court dismisses a claim for disguised expropriation and neighbourhood annoyance in an environmental law matter
- McCarthy Tétrault LLP
- -
- Canada
- -
- October 20 2011
On August 22, 2011, the Superior Court (Court) rendered judgment in Girouard v. Ville de Mont St-Hilaire, an interesting decision in the field of both municipal and environmental law
SCC to determine whether an order to clean is a claim under the CCAA
- McCarthy Tétrault LLP
- -
- Canada
- -
- November 3 2011
On November 16, 2011, the Supreme Court of Canada will hear a case challenging the constitutionality and applicability of several sections of the Companies’ Creditors Arrangement Act (CCAA) to provincial environmental statutes
Dunsmuir and the demise of deference or why ministers just can’t get no respect
- McCarthy Tétrault LLP
- -
- Canada
- -
- May 4 2012
In a judgment illustrating how the Dunsmuir analysis is to be applied to ministerial decisions, Mainville J.A. for the unanimous Federal Court of Appeal (the “FCA”) ruled that a Minister is not entitled to the same level of deference as an administrative tribunal when interpreting their ‘home’ statute(s
