The Lawyer's Daily

Still long road to go for Trans Mountain as environmental, First Nation groups dispute reapproval

Merle Alexander, Miller Titerle & Co., said the duty to consult is very specific for individual First Nations, but all of those who are challenging the government’s approval of the pipeline ‘raised the same concern about the duty to consult failing.’

Monday, July 15, 2019 @ 9:33 AM

Last Updated: Monday, July 15, 2019 @ 1:43 PM

The bell has rung for another round of the fight against the controversial Trans Mountain pipeline expansion, with a number of groups challenging the federal cabinet’s recent reapproval of the project on the ground the risks of the project to the environment were not adequately dealt with and the government failed in its duty to properly consult with affected First Nations. ... [read more]

SCC could ‘abandon’ old case law on implied contracts, says lawyer Brian_Murphy_sm

Monday, July 15, 2019 @ 1:26 PM

An East Coast resident is looking towards Canada’s highest court after “antiquated” case law was used in deciding he had breached an implied contract with a company to develop his land for blueberry farming, says his lawyer. The June 25 Prince Edward Island Court of Appeal ruling involved Roger O’Neill and Kings County Construction Ltd. ... [read more]

Quebec Appeal Court partially overturns lower court ruling in Telus class action

Friday, July 12, 2019 @ 11:56 AM

Telus became the third Canadian telecommunications giant that has been compelled to pay clients who paid excessive cancellation fees after the Quebec Court of Appeal partially overturned a lower court decision that dismissed the class action. In a case that deals with contract for services, early cancellation fees, abusive clauses and the right of unilateral resiliation under the Civil Code of Quebec (CCQ), the Appeal Court held that Telus overcharged clients who were billed early cancellation fees ... [read more]