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Natural Resources


Thursday, May 25, 2017 @ 8:47 AM

OIL AND GAS - Exploration - Survey - Seismic survey - Offshore

Appeal by Geophysical Service Incorporated (GSI) from the dismissal of its claims against multiple parties for unlawful disclosure and copyright infringement. GSI conducted offshore seismic studies and licensed its data for a fee to third parties for resource exploration. The regulatory regime pursuant to which GSI collected seismic data required it to obtain licences and authorizations from the National Energy Board and Newfoundland and Nova Scotia offshore petroleum boards. GSI was obliged to submit the data it acquired to the boards. After certain privilege periods expired, the boards permitted third parties to access and copy seismic data in their possession. GSI took the position that unfettered copying was not permitted by the regulatory regime, and that the boards were wrongfully permitting oil and gas companies to acquire valuable data without licensing the data from GSI or without paying GSI for the data. GSI took the position that third party commercial copying companies were thereby breaching its copyright to the acquired and retained seismic data. In dismissing GSI’s action against the boards, various oil and gas companies and companies involved in copying data, the court conducted a historical review of the regime and found that there had been a regulated process for obtaining permits coupled with a requirement to submit data to various regulatory bodies, and that this data had been made available for disclosure to the public after a certain period of time without compensation to the seismic data owners. The court was of the view that the Canada Petroleum Resources Act expressly affected GSI’s rights in its data once the five-year privilege period expired. The court found that the specificity of the regime trumped the more general legislative scheme governing copyright. ... [read more]

Wednesday, May 24, 2017 @ 2:43 PM

Dentons plans combination with Peruvian law firm

Dentons has announced it hopes to form a combination with Gallo Barrios Pickmann in Peru, one of the strongest and fastest-growing economies in Latin America. ... [read more]

Monday, May 15, 2017 @ 11:56 AM

WATER - Riparian rights

Appeal by the plaintiffs, certain American governmental entities and American private land holders, from an order striking their statement of claim in their action against the defendants, Manitoba and the municipality of Rhineland. The plaintiffs alleged that a Canadian roadway blocked flood waters that would otherwise flow north from the United States into Canada, thereby causing injury to their lands. They commenced litigation in 2004. The matter went to trial in 2016. After completion of the plaintiffs' evidence, the defendants moved to strike the amended statement of claim on the basis the Federal Court lacked jurisdiction. The trial judge struck the plaintiffs' claim, finding that the absence of Federal Court jurisdiction over the subject matter meant that the claim did not disclose a reasonable cause of action. The plaintiffs appealed. ... [read more]

Monday, May 08, 2017 @ 2:59 PM

Former Supreme Court justice joins Osler

Marshall Rothstein, former justice with the Supreme Court of Canada, is joining Osler, Hoskin & Harcourt LLP's Vancouver office. ... [read more]

Monday, May 08, 2017 @ 10:40 AM

Canadian ambassador to speak at ICJ fundraiser

David MacNaughton, Canada's ambassador to the United States, is the guest speaker at the International Commission of Jurists' (ICJ) fundraising dinner on May 29 at the University Club in Toronto. ... [read more]

Monday, May 08, 2017 @ 7:51 AM

HUNTING, FISHING AND LOGGING RIGHTS - Purpose - For food - Aboriginal lands and waters - Offences and penalties - Constitutional issues - Recognition of existing aboriginal and treaty rights

Trial of the defendant, DeSautel, for non-resident big game hunting and hunting without a licence contrary to the Wildlife Act. The defendant was an American citizen, a Washington state resident, and a member of the Lakes Tribe of the Colville Confederated Tribes (CCT). The defendant crossed the border into Castlegar, British Columbia and shot a cow-elk for the purpose of obtaining ceremonial meat. The defendant reported the hunt to British Columbia conservation officers and was issued an appearance notice and charged. The defendant submitted he was exercising an aboriginal right to hunt in the traditional territory of his Sinixt ancestors, which extended across the Washington and British Columbia border. The Crown submitted that no Sinixt aboriginal rights ever came into existence in Canada, as any traditional hunting practice straddling the border did not survive the assertion of sovereignty under the 1846 Boundary Treaty. Alternatively, the Crown submitted that the Washington Sinixt, now known as the Lakes Tribe, voluntarily ceased the traditional practice of hunting in the British Columbia portion of Sinixt territory, such that there was insufficient continuity of the practices of the pre-contact group. The Crown submitted that the absence of Sinixt in British Columbia meant there was no aboriginal collective capable of exercising the aboriginal right asserted by the defendant. In the further alternative, the Crown submitted any Sinixt aboriginal right in British Columbia did not survive the enactment of 1896 provincial legislation or s. 35 of the Constitution Act, 1982. ... [read more]

Friday, May 05, 2017 @ 11:02 AM

Dentons adds 15 new Canadian partners among 54 promoted globally

While different offices and regions announce new partners at different times during the year, Dentons has announced that  this year the firm has promoted 54 new partners from its Canada, Europe, Singapore, U.K., Middle East, Africa and U.S. regions. ... [read more]

Friday, May 05, 2017 @ 9:08 AM

Miller Thomson adds associate counsel, two associates

Damien Buntsma has joined Miller Thomson as associate counsel, while Stephanie De Caria and Laura Bambara are new associates with the firm. ... [read more]

Thursday, May 04, 2017 @ 12:32 PM

Richardson joins Cassels Brock as tax partner

Cassels Brock announces the arrival of Doug Richardson as partner in the taxation group, based in the firm’s Calgary office. ... [read more]

Wednesday, May 03, 2017 @ 8:48 AM

How Trump’s 'Buy American, Hire American' impacts cross-border companies

The presidential executive order on “Buy American and Hire American” immediately impacts Canada-U.S. trade potentially more than any action or tweet issued by U.S. President Donald Trump during the first 100 days of his administration. Contrary to various media reports, the executive order is more than just an internal study of government procurement policies (“Buy American”), or limited to highly skilled foreign workers (“Hire American”). ... [read more]