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1,184 results found

Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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.…
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