Natural Resources
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April 09, 2024
Groups object to Canada’s role in CUSMA dispute with Mexico over genetically modified corn
Public interest groups are criticizing the federal government’s decision to back the United States in a trade dispute surrounding Mexico’s decision to restrict genetically engineered or modified (GM) corn, arguing that Mexico is within its right to do so and this does not affect Canada and Mexico’s trade relationship.
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April 08, 2024
Alberta Court of Appeal grants FortisAlberta leave to appeal decision concerning rate setting
The Alberta Court of Appeal has granted electric utility FortisAlberta leave to appeal a decision denying its request for an increased deemed equity ratio to raise electricity rates.
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April 05, 2024
SCC rules ‘fraud exception’ bars Canadian bank from making payment demanded under letter of credit
Elaborating on the “fraud exception” to a bank’s obligation to pay on demand under a letter of credit, the Supreme Court of Canada has affirmed 7-2 that a Canadian bank was required to refuse payment to a letter of credit beneficiary due to a third party’s fraudulent behaviour, which was also attributable to the beneficiary.
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April 04, 2024
Federal Court and Federal Court of Appeal float ideas for reforming their rules, seek bar’s input
The Federal Court and Federal Court of Appeal are working on updating their rules and seeking the bar’s views on dozens of reform ideas, such as modifying the test for certifying national class actions; green-lighting non-lawyers to represent litigants if “the interests of justice so require”; and boosting the $100,000 cap on claims for matters that proceed as simplified actions.
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April 03, 2024
NUISANCE — Private and public nuisance distinguished — Defences — Statutory authority
Appeal by Saik'uz First Nation and Stellat'en First Nation (Appellants) from trial judge’s dismissal of their common law nuisance claim against Rio Tinto Alcan (RTA) or in declining to make a finding of Aboriginal title. This appeal involved a claim for common law nuisance based on interference with Aboriginal fishing rights.
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April 03, 2024
Aird & Berlis launches Indigenous practice group
A team of lawyers led by Jason Madden and Alexandria Winterburn, including Alissa Saieva-Finnie, Ethan Guthro and Erika Voaklander, comprise Aird & Berlis’s newly created Indigenous practice group.
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April 02, 2024
Court orders redetermination of decision cancelling three mineral claims
The British Columbia Supreme Court has sent a decision cancelling three minerals claims held by the appellant back for redetermination, finding the Chief Gold Commissioner erred in maintaining procedural fairness.
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April 02, 2024
Supreme Court grants Lundin Mining leave to appeal in disclosure-related class action
The Supreme Court of Canada has granted a Toronto-based mining firm leave to appeal a decision overturning the dismissal of a proposed class action concerning the company’s alleged failure to promptly disclose a pit wall instability and rockslide that affected production.
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March 28, 2024
Supreme Court of Canada rules Charter applies to First Nation government and its citizens
The Supreme Court of Canada has ruled 6-1 that the Charter applies to a First Nation government and its citizens in Yukon, as well as ruling 4-3 that the Charter’s s. 25 shields from a community member’s s. 15 equality rights challenge the self-governing Vuntut Gwitchin’s constitutional requirement that its elected leadership must live on the First Nation's traditional territory.
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March 28, 2024
Proposed securities class action centres on gold mine in Turkey
Toronto-based Siskinds LLP is alleging in a proposed securities class action that a Denver-based gold and silver producer, SSR Mining Inc., made misrepresentations about an open-pit gold mine in Turkey that caused investors to lose money.