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Results: 1-10 of 70

First nations lands held in fee simple remain immune from provincial regulation

McCarthy Tétrault LLP
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Canada
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June 7 2013

The British Columbia Court of Appeal has just released Sechelt Indian Band v. British Columbia, 2013 BCCA 262. The decision addresses constitutional

Behn v. Moulton Contracting Ltd., 2013 SCC 26

McCarthy Tétrault LLP
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Canada
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May 30 2013

On May 9, 2013, the Supreme Court of Canada (SCC) released its reasons in Behn v. Moulton Contracting Ltd., unanimously dismissing the

Can you get your money back? The B.C. Court of Appeal addresses the forfeiture of deposits (again)

McCarthy Tétrault LLP
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Canada
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May 22 2013

Can a party who has failed to consummate a transaction get back a "deposit"? The British Columbia Court of Appeal considered this issue once again in

Unprecedented Aboriginal Consultation Policy released by Government of Newfoundland and Labrador

McCarthy Tétrault LLP
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Canada
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May 1 2013

On April 23, 2013, the Government of Newfoundland and Labrador (NL) released its updated "Aboriginal Consultation Policy on Land and

Competition Tribunal dismisses abuse case against Toronto Real Estate Board

McCarthy Tétrault LLP
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Canada
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April 16 2013

On April 15, 2013, the Competition Tribunal (Tribunal) released its decision in the high-profile case against Toronto Real Estate Board (TREB

Developers and lenders beware: failure to comply with British Columbia’s real estate project marketing rules may have serious consequences

McCarthy Tétrault LLP
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Canada
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April 12 2013

Developers and lenders should be aware of the sweeping effects of the British Columbia Real Estate Development Marketing Act (REDMA), which is aimed

Can a non-contracting party sue for breach of contract? The Ontario Court of Appeal addresses the doctrine of privity

McCarthy Tétrault LLP
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Canada
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April 4 2013

When can a person who is not a formal party to a contract sue for its breach? The Ontario Court of Appeal grappled with this and related privity

High water mark test for establishing Aboriginal title to be reviewed by the SCC

McCarthy Tétrault LLP
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Canada
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March 20 2013

The Supreme Court of Canada is set to revisit the test for Aboriginal title when it hears an appeal from the British Columbia Court of Appeal's

Antrim Truck Centre Ltd. v. Ontario (Transportation): when the value of a truck stop becomes a public infrastructure cost

McCarthy Tétrault LLP
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Canada
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March 19 2013

For 26 years, Antrim Truck Centre Ltd. (Antrim) operated a truck stop on Highway 17. Then in 2004, the Province constructed a new highway, and

A duty of diligent fulfillment? SCC rules that land grants to Métis children breached Honour of Crown

McCarthy Tétrault LLP
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Canada
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March 18 2013

Canada breached the Honour of the Crown in the manner in which it distributed parcels of land to the children of the Métis people of Manitoba in the