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Bank Account Records are Not Always Helpful to Rebut a Presumption of Resulting Trust

Canada - November 3 2017 Since the Supreme Court of Canada decisions of Pecore and Madsen Estate v. Saylor were released in 2007, the courts have seen an increase in…

Canada v. Akisq’nuk First Nation, 2017 FCA 175, Federal Court of Appeal (Nadon, Dawson and Gauthier JJ.A.), 1 September 2017

Canada - October 17 2017 The Federal Court of Appeal set aside an interlocutory and final decision of the Specific Claims Tribunal on the basis that Canada had been denied…

Thompson v. Manitoba (Minister of Justice) , 2017 MBCA 71, Manitoba Court of Appeal (Hamilton, Burnett, and leMaistre JJ.A.), 21 July 2017

Canada - September 8 2017 The Manitoba Court of Appeal dismissed an appeal relating to who should have carriage of a proposed class action against Canada and Manitoba dealing…

Reconciliation and Litigation of Overlapping Claims: Crees Nation of Eeyou Istchee v. Canada (Attorney General) , 2017 ONSC 3729, Ontario Superior Court of Justice (Lederer J.), 15 June 2017

Canada - September 8 2017 The Ontario Superior Court of Justice made orders in an Aboriginal title proceeding to deal with the vexing issue of how to deal with overlapping…

Aboriginal Title Claims and Fee Simple Lands: Cowichan Tribes v. Canada (Attorney General), 2017 BCSC 1575, Supreme Court of British Columbia (Power J.), 6 September 2017

Canada - September 8 2017 The Supreme Court of British Columbia dismissed an application brought by Canada for an order requiring the plaintiffs to give notice to all private…