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Results: 1-10 of 503

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

BC Supreme Court finds that the duty to consult does not apply to historic or ongoing existing impacts from previous works or decisions

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

On March 31, 2011, Mr Justice Savage issued a decision in Upper Nicola Indian Band v British Columbia (Environment), 2011 BCSC 388, finding that "the duty to consult does not apply to the larger historic impacts of previous works, or the ongoing existing impacts arising from previous decisions, for which there are other remedies."

SCC releases its price-fixing decisions

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • October 31 2013

The Supreme Court of Canada today released its long-awaited decisions in three price-fixing class actions: Pro-Sys Consultants Ltd. v. Microsoft

Former directors and officers personally liable for clean-up of contamination

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • November 6 2013

Former directors and officers of companies can be personally liable for clean-up of contamination caused by the operations of the companies which

Employee convicted of criminal negligence

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • September 10 2013

On March 22, 2006, B.C. Ferries' vessel The Queen of the North missed a scheduled turn causing it to run aground and sink off the northern tip of

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