Search Results for: Trans Mountain

TMX v Burnaby: When Do Delays by a Municipal (or Provincial) Permitting Authority Trigger Paramountcy and Interjurisdictional Immunity?

By: Nigel Bankes and Martin Olszynski PDF Version: TMX v Burnaby: When Do Delays by a Municipal (or Provincial) Permitting Authority Trigger Paramountcy and Interjurisdictional Immunity? Decision Commented On: National Energy Board, Reasons for Decision (18 January 2018) in support of Order MO-057-2017 (6 December 2017) re Trans Mountain Expansion Project The National Energy Board (NEB) […]

The Intersection of Discretionary Powers, Fiduciary Duties, the Public Interest and the Standard of Review

By: Nigel Bankes PDF Version: The Intersection of Discretionary Powers, Fiduciary Duties, the Public Interest and the Standard of Review Case Commented On: Coldwater Indian Band v Canada (Aboriginal Affairs and Northern Development), 2017 FCA 199 (CanLII) In this decision, the Federal Court of Appeal, by a majority (per Justice Eleanor Dawson, Justice Donald Rennie concurring; […]

Clyde River and Chippewas of the Thames: Some Clarifications Provided But Some Challenges Remain

By: Nigel Bankes PDF Version: Clyde River and Chippewas of the Thames: Some Clarifications Provided But Some Challenges Remain Cases Commented On: Clyde River (Hamlet) v Petroleum Geo-Services Inc., 2017 SCC 40 (CanLII) and Chippewas of the Thames First Nation v Enbridge Pipelines Inc., 2017 SCC 41 (CanLII) The Supreme Court of Canada has rendered judgment […]

Note to Canada on the Northern Gateway Project: This is NOT What Deep Consultation With Aboriginal People Looks Like

By: Sharon Mascher PDF Version: Note to Canada on the Northern Gateway Project: This is NOT What Deep Consultation With Aboriginal People Looks Like Case Commented On: Gitxaala Nation v. Canada, 2016 FCA 187 (CanLII) On June 20, 2016, the majority of the Federal Court of Appeal (FCA) quashed Order in Council P.C. 2014-809 requiring the National […]

Top Ten Environmental Law Stories: Canadian Edition

By: Martin Olszynski, Sharon Mascher, and Nigel Bankes PDF Version: Top Ten Environmental Law Stories: Canadian Edition This last year was an important one for environmental law and policy, both in Canada and globally. In this post we highlight ten of the most significant developments. Many of these figure among the usual suspects included in […]