Natural Resources
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April 10, 2024
Coal regulation not advantage flowing to the state in respect of private property: court
Alberta’s top court has turned back arguments by an energy company that said its royalty interest in a coal mine had been expropriated by both the federal and provincial governments because of an agreement to end emissions from coal-fired power plants by 2030.
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April 10, 2024
Using AI to bring value to organizations | Connie L. Braun and Juliana Saxberg
For every risk inherent in AI adoption, there is a counter-argument that AI has the potential to unlock benefits and solve real-world problems that have heretofore eluded human capability. Machine Learning technologies are already recognized to be advancing medical research and patient care, improving decision-making, mitigating climate change and distributing food aid more effectively, among other benefits.
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April 09, 2024
Alberta Court of Appeal: No priority for private environmental claims over secured creditors
A private party seeking damages for land remediation costs cannot obtain priority over the claims of secured creditors, the Alberta Court of Appeal has held.
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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.