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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
  • Borden Ladner Gervais LLP
  • 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
  • Borden Ladner Gervais LLP
  • 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


New Land Transfer Tax Rules Proposed for Certain Trusts and Partnerships
  • Borden Ladner Gervais LLP
  • Canada
  • August 1 2017

On July 14, 2017, the Ontario Ministry of Finance (the "Ministry") released proposed rules to the Land Transfer Tax Act (the "LTTA") for public


Supreme Court of Canada Clarifies Duty to Consult and Accommodate Indigenous Populations - Sets Out Roadmap for Project Proponents on How to Satisfy Duty
  • Borden Ladner Gervais LLP
  • Canada
  • July 27 2017

The Supreme Court of Canada has unanimously clarified several features of the Crown’s duty to consult with and accommodate indigenous populations


Blood Indian Band v. Canadian Pacific Railway Limited, 2017 ABQB 292, Alberta Court of Queen's Bench (Strekaf J.), 28 April 2017
  • Borden Ladner Gervais LLP
  • Canada
  • July 14 2017

The Alberta Court of Queen's Bench summarily dismissed various claims made by the Blood Indian Band against Canada and the Canadian Pacific Railway


Not so Secured After All? Municipal Property Taxes in Insolvency
  • Borden Ladner Gervais LLP
  • Canada
  • July 4 2017

In the recent unreported decision, Bank of Nova Scotia et al v. Virginia Hills Oil Corp. et al, File No. 1701-02184, the Alberta Court of Queen’s


Court Dismisses Injunction Seeking to Halt Industrial Development
  • Borden Ladner Gervais LLP
  • Canada
  • June 5 2017

The British Columbia Supreme Court has dismissed an application for an injunction that would have restrained the Province of British Columbia from


Alberta Court of Appeal Finds that Innocent Principal was Bound by the Acts of a Fraudulent Mortgage Broker
  • Borden Ladner Gervais LLP
  • Canada
  • May 24 2017

Recently, the Alberta Court of Appeal released its decision in Toronto-Dominion Bank v. Currie. The Court of Appeal considered which innocent party


Court of Appeal upholds finding that storefront was occupier of municipal sidewalk
  • Borden Ladner Gervais LLP
  • Canada
  • May 8 2017

In the recent decision of MacKay v. Starbucks Corporation, 2017 ONCA 350, the Court of Appeal considered circumstances under which an adjacent


Alberta Court of Queen’s Bench Quashes Alberta’s Refusal to Transfer or Sell Subsurface Land Rights to a First Nation Band
  • Borden Ladner Gervais LLP
  • Canada
  • May 3 2017

Added to the growing list of recent court decisions on land claim issues between First Nations and provincial Crowns is the recent Alberta Court of