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Hypothecs not denominated in Canadian dollars have been considered invalid by the Québec courts

Gowling Lafleur Henderson LLP
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Canada
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March 28 2013

For a hypothec to be considered valid under Québec law it is necessary that i) it be established for a particular amount and ii) such amount

Commercial lease: payment of rent following the filing of a Notice of Intention

Gowling Lafleur Henderson LLP
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Canada
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March 27 2013

In Les Magasins C.P.C. Inc. (Proposal of), 2012 QCCS 4192, the Quebec Superior Court confirmed that a lessor can require payment of rent rateably

Supreme Court of Canada grants leave to appeal to Tsilhqot'in Nation's claim for Aboriginal title

Gowling Lafleur Henderson LLP
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Canada
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March 4 2013

On January 24, 2013, the Supreme Court of Canada granted leave to appeal with costs to members of the Tsilhqot'in Nation (the "Tsilhqot'in") in

Federal court declares Metis and non-status Indians part of federal jurisdiction over "Indians and lands reserved for Indians"

Gowling Lafleur Henderson LLP
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Canada
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January 14 2013

Section 91(24) of the Constitution Act, 1867 provides for federal jurisdiction over “Indians and lands reserved for Indians.” Although the Canadian

British Columbia Court of Appeal recognizes Tsilhqot'in Nation's aboriginal rights short of title

Gowling Lafleur Henderson LLP
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Canada
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August 29 2012

In response to British Columbia’s approval of a private company’s plan to commence logging in an area in the interior of the province in 1989, members of the Tsilhqot’in Nation (the “Tsilhqot’in”) initiated an action seeking the recognition of certain Aboriginal rights, a declaration of title over their traditional territory (the “Claim Area”) and damages for unjustifiable infringements of rights by the Crown

When commercial and insurance worlds collide

Gowling Lafleur Henderson LLP
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Canada
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August 10 2012

This matter involved a slip and fall on ice located on a sidewalk outside of the entrance to Fairview Park Mall owned by Cadillac Fairview

Federal Court of Appeal rules income from First Nation commercial fishery is exempt from taxation

Gowling Lafleur Henderson LLP
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Canada
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April 17 2012

The Federal Court of Appeal (FCA) has released two important decisions involving First Nation fishers who had originally been assessed income tax on income earned from commercial fishing activities

Yukon court determines Crown does not owe fiduciary obligation to negotiate settlements of land claims

Gowling Lafleur Henderson LLP
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Canada
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March 22 2012

On January 31, 2012, the Yukon Territory Supreme Court issued its judgment in the first phase of a trial in which it was asked to determine whether terms and conditions set out in the June 23, 1870, Rupert’s Land and North-western Territory Order (“1870 Order”) give rise to a justiciable right requiring the Crown to negotiate settlement of First Nations land claims in the Yukon, and if so, whether the Crown’s obligations were of a fiduciary nature

Federal court denies Attawapiskat First Nation's request for an interlocutory injunction

Gowling Lafleur Henderson LLP
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Canada
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March 22 2012

This case arose from the housing crisis in Attawapiskat First Nation (“AFN”), and the federal government’s decision to appoint a third-party manager to oversee and administer AFN’s finances

Aboriginal law 2011 a year in review

Gowling Lafleur Henderson LLP
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Canada
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February 17 2012

The Federal Court found that the 2011 Census and National Household Survey did not infringe the equality rights (s. 15 of the Canadian Charter) of offreserve Aboriginal people because no distinction was made based on aboriginality or nonresidence on reserve

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