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 … Continue reading

Posted in Constitutional, Municipal Law, Oil & Gas | 4 Comments

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 … Continue reading

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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 … Continue reading

Posted in Aboriginal, Energy | 3 Comments

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 … Continue reading

Posted in Aboriginal, Environmental, Oil & Gas | 2 Comments

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 … Continue reading

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