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Tort Law - Trespass - To land - Continuing trespass

Thursday, October 27, 2016 @ 8:00 PM  

Appeal by the Cree Nation from summary judgment dismissing its action as statute-barred. The appellant sued the respondents for flooding of a Reserve caused by the construction of dams, seeking declarations and damages for breach of the honour of the Crown, breach of fiduciary duty and trespass, including continuing trespass. The first dam was completed in 1943 and it has operated continuously since that time. A known consequence of the construction of the dam was the flooding of the Reserve. It was primarily the operation of...