Insights

Sander Duncanson

Type (0)

Results

All Insights

Osler Update Oct 27, 2023

Ontario Court of Appeal confirms distinction between treaty and fiduciary obligations and rejects constructive trust as appropriate remedy for Crown breaches of treaty duties

In a recent decision, the Ontario Court of Appeal provides clarity on the Crown’s treaty obligations, the defences available for breaching those...

Read more
Osler Update Oct 20, 2023

Court finds British Columbia liable for misfeasance in public office for decisions denying regulatory permits

A recent B.C. Supreme Court decision regarding misfeasance in public office has important implications for future claims against government in the...

Read more
Osler Update Oct 13, 2023

Supreme Court of Canada finds the federal Impact Assessment Act unconstitutional

On October 13, 2023, the Supreme Court of Canada found Canada’s federal Impact Assessment Act unconstitutional in part. We discuss the Court’s...

Read more
Osler Update Oct 4, 2023

Supreme Court of British Columbia finds that Province has a duty to consult on mineral tenure claims

A recent Supreme Court of British Columbia decision has important implications for mineral tenure systems across Canada.

Read more
Blog Aug 3, 2023

Bill C-49: proposed changes to energy regulation for the Atlantic offshore

On May 30, 2023, the House of Commons completed the first reading of Bill C-49. If enacted, Bill C-49 will amend...

Read more
Bill C-49: proposed changes to energy regulation for the Atlantic offshore
Osler Update Aug 3, 2023

Bill C-49: proposed changes to energy regulation for the Atlantic offshore

The House of Commons has completed the first reading of Bill C-49 which seeks to modernize Canada’s energy regulatory framework for the Atlantic...

Read more
Osler Update May 5, 2023

Ruby River Capital LLC initiates NAFTA claim for ‘gross procedural unfairness’, ‘manifest arbitrariness’ and ‘double standards’ employed by Québec and Canada in rejecting GNLQ LNG project

A recent international arbitration claim against the government of Canada could have important implications for future environmental assessment...

Read more
Ruby River Capital LLC initiates NAFTA claim for ‘gross procedural unfairness’, ‘manifest arbitrariness’ and ‘double standards’ employed by Québec and Canada in rejecting GNLQ LNG project
Osler Update Jan 11, 2023

Treaty rights and resource development: The cumulative effects claims begin to pile up

Our 2021 Legal Year in Review update discussed the landmark B.C. Supreme Court decision in Yahey v. British Columbia (Yahey) which held that the...

Read more
Osler Update Dec 30, 2022

Alberta reaffirms TIER regime, setting stage to lead in carbon capture, utilization and storage

Following an extensive review and stakeholder consultation process, Alberta is making a number of key amendments to the Technology and Emissions...

Read more
Webinar Nov 29, 2022

Indigenous Law Insights: Duty to consult and accommodate and consultation following regulatory review process

Each webinar will provide an update on recent court decisions, as well as pending and new legislative and policy developments.

Read more
Indigenous Law Insights: Duty to consult and accommodate and consultation following regulatory review process