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McCarthy Tétrault LLP | Canada | 11 Jan 2021
Marking the Boundaries of Permissive Searches at the Border - Routine Searches of Personal Devices No Longer Permitted Under the Customs Act
Is the Canada Border Service Agency (“CBSA”) entitled to “examine any goods,” including personal devices such as smart phones, of travellers at the…
Fasken | Canada | 4 May 2020
The Alberta Energy Regulator’s Mandate to Consider the Honour of the Crown in Indigenous Consultations
In its recent decision Fort McKay First Nation v Prosper Petroleum Ltd., the Alberta Court of Appeal clarified that the Alberta Energy Regulator (the…
Bennett Jones LLP | Canada | 23 Mar 2020
COVID-19: How the Suspension of Court Operations is Affecting Civil Litigation
Courts across Canada are limiting hearings due to the rapidly evolving novel COVID-19 outbreak. Courts in each jurisdiction are responding…
Thorsteinssons LLP | Canada | 5 Mar 2020
Carbon Pricing Regime Ruled Unconstitutional - For Now
On February 24, 2020, the Alberta Court of Appeal became the third court in Canada to rule on the federal government’s carbon pricing regime. Unlike…
McCarthy Tétrault LLP | Canada | 5 Mar 2020
On the Path to the Supreme Court - Alberta Court of Appeal Rules Federal Carbon Pricing Legislation Unconstitutional
On February 24, 2020, the Alberta Court of Appeal released its highly anticipated reference decision (2020 ABCA 74) on the Federal Greenhouse Gas…
McMillan LLP | Canada | 4 Mar 2020
Defendants Beware: Courts May Be Hesitant to Dismiss Action for Delay even When Plaintiff is the Major Contributor
The burden of carrying an action forward falls mainly on the plaintiff. In Alberta, if a Plaintiff’s delay in bringing its action to trial rises to…
Borden Ladner Gervais LLP | Canada | 27 Feb 2020
Court of Appeal confirms Alberta’s power over oil and gas development and greenhouse gas emissions
On February 24, 2020, the Alberta Court of Appeal issued its highly anticipated decision on the constitutionality of the controversial federal carbon…
Aird & Berlis LLP | Aird & McBurney LP | Canada | 26 Feb 2020
Alberta Court of Appeal Rules That Federal Carbon Levy is Unconstitutional
On February 24, 2020, the Alberta Court of Appeal (Alberta CA) issued its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2020, finding…
Borden Ladner Gervais LLP | Canada | 24 Feb 2020
Alberta Court of Appeal sets negotiation parameters in interpreting contracts
In Sattva Capital Corporation v Creston Moly Corporation, 2014 SCC 53 (Sattva), the Supreme Court of Canada conclusively endorsed the principle of…
Aird & Berlis LLP | Aird & McBurney LP | Canada | 13 Feb 2020
Alberta Court of Appeal Orders Trustee to Post Security for Costs
On January 29, 2020, the Alberta Court of Appeal (the “Alberta CA”) released its decision in PricewaterhouseCoopers Inc. v Perpetual Energy Inc.…
