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Bennett Jones LLP | Canada | 17 May 2022

Alberta Court Denies Application to Hear Motion to Strike Prior to Class Action Certification Hearing

In Perez-Nana v Cargill Limited, 2022 ABQB 283, the Alberta Court of Queen's Bench considered a sequencing application. Guided by efficiency and…
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Gowling WLG | Canada | 16 May 2022

Alberta Court of Appeal finds Canada's Impact Assessment Act unconstitutional

A recent decision by a majority of the Alberta Court of Appeal held that the Impact Assessment Act is ultra vires Parliament. This is the first…
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Bennett Jones LLP | Canada | 16 May 2022

Alberta Court of Queen's Bench Finds Conflict of Interest for Class Counsel Also Representing Individual Claims

In Smith v Lafarge Canada Inc, 2022 ABQB 289 [Smith], the Court of Queen's Bench considered a preliminary application arising out of a proposed class…
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McCarthy Tétrault LLP | Canada | 13 May 2022

Alberta Court of Appeal Finds Federal Impact Assessment Regime Unconstitutional

In its recent Advisory Opinion in Reference re Impact Assessment Act,[1] a 4-1 majority of the Alberta Court of Appeal concluded that the federal…
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Blake, Cassels & Graydon LLP | Canada | 13 May 2022

Alberta’s Top Court Rules Federal Impact Assessment Act is Unconstitutional

On May 10, 2022, the Court of Appeal of Alberta (Court) issued its opinion in Reference re Impact Assessment Act (2022 ABCA 165) whereby the majority…
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Blaney McMurtry LLP | Canada | 13 May 2022

Court of Appeal summaries (may 9, 2022 - may 13, 2022)

In Lash v. Lash Point Association Corp., the Court allowed the appeal and set aside the approval of a sale of a property by a Received because the…
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Carbert Waite LLP | Canada | 11 May 2022

Employee Dismissal During Medical Leave

In the recent decision of Hoefman v. LMT Enterprises Ltd. the Human Rights Tribunal of Alberta addressed the issue of an employee dismissal during a…
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Borden Ladner Gervais LLP | Canada | 11 May 2022

Court of Appeal finds Federal Impact Assessment Act unconstitutional

On May 10, 2022, the Alberta Court of Appeal issued its highly anticipated decision1 (the Decision) on the constitutionality of the federal Impact…
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Osler Hoskin & Harcourt LLP | Canada | 11 May 2022

Alberta Court of Appeal finds federal impact assessment regime unconstitutional

On May 10, 2022, the Alberta Court of Appeal (the Court) issued its dvisory opinion regarding the constitutional validity of the Government of…
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Bennett Jones LLP | Canada | 11 May 2022

Alberta Court of Appeal Releases Reference Opinion on Constitutionality of the Federal Impact Assessment Act

The case was argued before the Alberta Court of Appeal in February of 2021.The Court released its opinion on May 10...
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