News & Publications Results
|Mining Law Update - Winter 2008
A discussion of three recent decisions in the Yukon Supreme Court, the Federal Court of Canada and the Supreme Court of British Columbia, and their impact on the duty to consult and accommodate Aboriginal peoples; the environmental assessment of a proposed mining project; and Aboriginal title and rights.
|Pension and Employee Benefit Class Actions - The Defence Perspective
Pension and benefit plan administrators are becoming increasingly familiar with litigation and in particular, class proceedings. We have seen a tremendous increase in both the number of pension and the breadth of issues raised in those actions. What are some winning strategies for defendants in pension class actions?
|Energy Law Newsletter - Winter 2008
Energy Law Newsletter with a Feature Article on the Mackenzie Gas Project: Federal Court of Appeal Dismisses Appeal in Dene Tha' Case.
|British Columbia Update
An overview of key legislative changes and legal developments relating to property tax in British Columbia in 2007, prepared for the National Valuation and Legal Symposium Cross-Canada Legal Panel.
|No Mandatory Retirement in B.C. Commencing January 1, 2008
On January 1, 2008, amendments to the B.C. Human Rights Code came into force which prohibit discrimination against persons age 65 or older. One of the primary effects of these changes is that mandatory retirement in B.C. is no longer permitted.
|The Tsilhqot'in Nation v. British Columbia Case: What it Means and What it Doesn't Mean
After 339 days of hearings over five years, and at a cost of almost $30 million, a court in British Columbia has expressed its opinion that the Tsilhqot'in Nation has aboriginal title to approximately 2,000 square kilometres of land, but stopped short of making that opinion legally binding by granting a declaration of aboriginal title.
|The Implied Undertaking Rule
The implied undertaking rule has been established as a part of the common law across Canada and in some provinces has been codified as a part of the rules of court. Despite the prevalence and prominence of the implied undertaking rule, interesting questions remain as to its rationale, scope, and implementation in practice. This paper will attempt to explore some of those issues.
|Aboriginal Title Declaration Dismissed, For Now: Tsilhqot'in Nation v. British Columbia
On November 21, 2007, the Supreme Court of British Columbia released the decision of Mr. Justice Vickers in Tsilhqot'in v. British Columbia.
|Energy Law Newsletter - Fall 2007
Energy Law Newsletter with a Feature Article on Residential Natural Gas Unbundling in BC.
|Asset & Share Purchase Agreements
Presentation at The Canadian Institute’s Course Series on Negotiating & Drafting Key Business Agreements.
|Understanding Arbitration Clauses in Class Actions: Have the Sands Shifted Once Again?
This paper will first review the history of the conflict between class proceedings and arbitration in Canada, and then address whether Union des consommateurs v. Dell Computer Corp. has provided guidance that arbitration agreements should, in general, be respected and that class proceeding legislation should not be regarded as providing a substantive ground to negate an arbitrator’s jurisdiction.
|Energy Law Newsletter - Summer 2007
This edition of the Energy Law Newsletter has stories from British Columbia, Alberta and the Northwest Territories.
|Forestry Law: Recent Developments of Importance
Significant developments in forestry law in 2006 include the finalization and implementation of a new softwood lumber agreement between Canada and the United States and further judicial decisions on aboriginal rights to forest resources.
|Pension Dispute Arbitration Prevails Over Class Proceedings
In finding that arbitration prevailed over class proceedings, the British Columbia Court of Appeal has effectively ruled that a wide range of pension disputes in British Columbia can be put in the hands of a private arbitrator, rather than be subject to class proceedings, if one of the parties to the disputes wishes to do so.
|Aboriginal Caselaw Summary: Ahousaht First Nation v. Canada (Fisheries and Oceans)
The Federal Court of Canada's decision in Ahousaht First Nation v. Canada (Fisheries and Oceans) is significant in that it emphasizes the reciprocal duty of First Nations in the consultation process, clarifies the nature of that duty and provides commentary on what comprises adequate and appropriate consultation.
|Observations on Manualized Assessment
Presentation prepared for CPTA in June 2007.
|Claims for Misfeasance in Public Office: A Brief Summary
In the last decade, plaintiffs unhappy with the economic impact that decisions or actions of public authorities have had on them have increasingly turned to the tort of misfeasance in public office (also referred to as abuse of power or abuse of authority) as an avenue for obtaining compensation.
|Pension Plans Under Attack: Protecting Your Fund From Class Action Litigation
Litigation is a fact of life for pension and benefit plan administrators and sponsors. The scope, frequency and complexity of litigation in this area continue to increase each year. The purpose of this paper is to discuss and update the current trends in pension and benefits litigation as they relate to class actions.
|Energy Law Newsletter - Spring 2007
Energy Law Newsletter with a Feature Article on new Federal and Alberta Climate Change Initiatives.
|Mandatory Retirement in B.C.
Effective January 1, 2008, employers in B.C. will no longer be entitled to have mandatory retirement policies requiring all employees to retire at age 65.