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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...

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...

It ended before it began: first private party sought leave to bring an ‘abuse of dominance’ application under the Competition Act

Just two weeks after applying for leave to the Competition Tribunal seeking a remedial order under the Competition Act “abuse of dominance”...

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...

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.