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Tuesday, July 04, 2017 @ 05:21 PM

Norton Rose Fulbright joins forces with Chadbourne & Parke

Norton Rose Fulbright, with a presence in 33 countries, including Canada, has announced its successful combination with New York-based Chadbourne & Parke. The firm will operate under the name of Norton Rose Fulbright. ... [read more]

Tuesday, July 04, 2017 @ 02:10 PM

LSUC approves Indigenous framework, introduces review panel for hearing processes Dianne Corbiere sm

The Law Society of Upper Canada has taken steps to prioritize reconciliation with Indigenous peoples by approving a framework to guide its work with this community. ... [read more]

Thursday, June 29, 2017 @ 08:33 AM

FISHING - Moratoriums and closures - Compensation schemes

Appeal by the Fish, Food and Allied Workers Union from a judgment directing compensation to licensed scallop fishers in a representative action. ... [read more]

Thursday, June 29, 2017 @ 08:30 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure

Appeal by the accused, Driedger, from a summary conviction appeal court decision affirming his convictions for firearm offences. ... [read more]

Wednesday, June 28, 2017 @ 08:51 AM

TREATIES AND AGREEMENTS - Practice and procedure - Injunctions

Application by the plaintiff, the Blueberry River First Nations, for an interlocutory injunction. The plaintiff's underlying action alleged a breach of substantive Treaty 8 hunting rights and related fiduciary duties by the Province based on the cumulative effect of industrial development within the traditional lands. The plaintiff sought an injunction enjoining the Province from allowing further logging and oil and gas development, processing and transportation in critical segments of its traditional territory pending trial of the action. ... [read more]

Friday, June 23, 2017 @ 12:00 PM

Hughes brings energy practice to McCarthy Tétrault in Calgary

Energy lawyer Cameron Hughes, with 20 years of experience in the oil and gas and power industries in Alberta, has joined McCarthy Tétrault as a partner in the Calgary office. ... [read more]

Thursday, June 22, 2017 @ 02:51 PM

BINDING ARBITRATION - Submission to arbitration - Arbitrators - Powers and duties - Jurisdiction – Appeals - Deference to expertise of arbitrators - Jurisdiction of court to review

Appeal by Teal Cedar Products Ltd. (Teal) from a judgment of the British Columbia Court of Appeal confirming a judgment setting aside the decision of the British Columbia Supreme Court which partially upheld an arbitrator’s decision. The province of British Columbia and Teal were unable to settle how much compensation the province owed to Teal for reducing the latter’s access to certain improvements on Crown land which it used to harvest timber. Consequently, their dispute was submitted to arbitration as required by the Forestry Revitalization Act (Act). In order to determine the proper valuation method for Improvements Compensation, the arbitrator chose the Depreciation Replacement Cost Method because it was the only valuation methodology that determined Improvements Compensation separately from harvesting rights compensation, in keeping with their separate treatment in the act. The arbitrator held that Teal was entitled to interest on the Improvements Compensation, despite the No Interest Clause contained in the Settlement Framework Agreement, in light of the factual matrix of the parties’ failed settlement negotiations. The British Columbia Supreme Court essentially confirmed the arbitrator’s decision, only remitting the issue of Improvements Compensation for one of Teal’s timber supply areas, that of Lillooet. The British Columbia Court of Appeal ruled that the arbitrator’s award was, in this respect, both incorrect and unreasonable because it provided a “substantial publicly financed windfall” divorced from Teal’s actual financial loss. On the Interest Issue, the Court of Appeal opined that the arbitrator had made a legal error that gave the courts jurisdiction because he let the factual matrix overwhelm the Settlement Framework Agreement, despite the latter’s clear wording. The decision of the Court of Appeal on remand was silent in respect of the Lillooet Issue. The appeal involved two key interpretation issues, namely whether the arbitrator erred in law by: (1) interpreting the Depreciation Replacement Cost Method as being consistent with the act (the Valuation Issue); and (2) interpreting the Amended Settlement Framework Agreement as including interest in the province’s Improvements Compensation payment to Teal (the Interest Issue). This appeal also involved a statutory application issue, namely whether the arbitrator erred in law by denying Improvements Compensation to Teal when he applied his chosen methodology to the Lillooet Licence (the Lillooet Issue). ... [read more]

Friday, June 16, 2017 @ 01:26 PM

Osler appoints Bryce as new national managing partner

Osler, Hoskin & Harcourt LLP has made changes to its senior management team, appointing a new national managing partner and co-chairs of its partnership board. ... [read more]

Thursday, June 15, 2017 @ 01:20 PM

Wildeboer Dellelce founder awarded honorary doctorate of law

Wildeboer Dellelce announced that co-founder and managing partner Perry Dellelce was among four distinguished Canadians to receive an honorary doctorate of laws from Laurentian University at its spring 2017 convocation ceremonies in Sudbury, Ont. ... [read more]

Thursday, June 08, 2017 @ 08:37 AM

Mining royalties: is Quebec so different?

Recently, in Third Eye Capital Corp. v. Dianor Resources Inc. 2016 ONSC 6086, the Ontario Superior Court of Justice rendered a decision that illustrates the importance of carefully drafting and arranging royalty agreements if the intended result is to have the royalty interest “run with” the land — i.e., to be enforceable against third parties, such as new owners, instead of just a contractual right enforceable against the grantor personally. ... [read more]