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Results: 1-10 of 482

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

  • Fasken Martineau DuMoulin LLP
  • -
  • 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

The Supreme Court of British Columbia confirms Province must consult on decision to incorporate municipality

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • March 10 2011

In Adams Lake Indian Band v. British Columbia, the Supreme Court of British Columbia found that the Province failed to adequately consult with the petitioner, Adams Lake Indian Band, prior to creating the Sun Peaks Mountain Resort Municipality by an Order in Council

Damages claim for treaty infringement from cumulative impacts allowed to proceed

  • Fasken Martineau DuMoulin LLP
  • -
  • 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

Annual leave taken “early” need not be paid twice!

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • December 31 2009

The Act respecting labour standards (the "Act") lays down a well-known rule: entitlement to annual leave is progressively acquired during the reference year and is taken the following reference year

Cruise for damages for breach of confidentiality and good faith obligation

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • March 14 2012

We all know that, where applicable, it is important to take care in drafting confidentiality, non-competition and non-solicitation terms in employment, contractor and other agreements

Extended warranties and insurance, what is insurance? A healthy dose of common sense from the Alberta Court of Appeal

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • August 5 2011

On July 21, 2011, the Court of Appeal for Alberta released a decision in a significant case concerning the meaning of "insurance" under provincial insurance legislation and its application to retail extended warranties

Can employee be terminated after losing qualification?

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 18 2012

What is an employer to do if drivers they have hired lose their licence?

Supreme Court of Canada dismisses leave application of challenge to Nisga’a Treaty

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • August 22 2013

On August 22, 2013, the Supreme Court of Canada dismissed the House of Sga'nisim's application for leave to appeal the B.C. Court of Appeal's

Modern treaties and the duty to consult: Little Salmon revisited

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • September 24 2008

On August 15, 2008 the Yukon Court of Appeal issued its decision in Little SalmonCarmacks First Nation v. Yukon (Minister of Energy, Mines and Resources

Cliffs denied easement over Canada Chrome mining claims

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • September 19 2013

Cliffs Natural Resources Inc. ("Cliffs") lost its application for an easement over a series of mining claims held by Canada Chrome Corporation