Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Natural Resources

Latest

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]

Monday, May 01, 2017 @ 8:58 AM

Softwood lumber duties seen as Trump’s opening salvo on NAFTA Softwood lumber

On April 24, the U.S. Department of Commerce announced preliminary countervailing duties (CVDs) on Canadian lumber imports. Among the investigation respondents, West Fraser received the highest rate of 24.12 per cent, followed by Canfor at 20.26 per cent, Tolko at 19.5 per cent, Resolute at 12.82 per cent and J.D. Irving at only 3.02 per cent. All other producers in Canada will be subject to the “all others rate” of 19.88 per cent, which is a weighted average of the CVDs levied on the respondents. The commerce department noted in its release that imports of softwood lumber from Canada were valued at an estimated $5.66 billion in 2016. ... [read more]

Wednesday, April 19, 2017 @ 9:52 AM

AGRICULTURE - Farms - Financing

Appeal by the Skyline Agriculture companies from a Queen's Bench judgment affirming a decision by the Farm Land Security Board. In 2014, farmers approached investors seeking alternative financing arrangements for young farmers who sought to acquire farmland. A proposed financing structure divided farm ownership between a parent company, a management company, and an operating company. The financing involved a series of instruments and transactions which included a traditional mortgage and swap and derivative agreements held by additional entities. The farming entities were Canadian-owned. The balance of the structure was held by offshore entities, the appellants. In a test case ruling, the Board determined that the arrangement contravened s. 77 of the Saskatchewan Farm Security Act, as the non-resident appellants had acquired a land holding within the meaning of the Act. Skyline appealed to the Court of Queen's Bench. The Court determined that the Board's decision was reasonable. Skyline appealed to the Court of Appeal. ... [read more]