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|Appeals Court Overturns Damages Award to Proponent for Aboriginal Blockade|
Stephanie Axman, Bryn Gray; McCarthy Tetrault LLP;
March 18, 2015, previously published on March 11, 2015The BC Court of Appeal (BCCA) has overturned a significant trial decision that had ordered the province of British Columbia (Province) to pay $1.75 million in damages to a logging company arising from a blockade by members of a Treaty 8 First Nation.
|Canadian Government Introduces Enhanced Corporate Social Responsibility Strategy for Resource Companies|
John W. Boscariol, Peter Brady, Meghan S. Bridges, David I.W. Hamer, Steven Molnar; McCarthy Tétrault LLP;
March 16, 2015, previously published on December 15, 2014On November 14, 2014, the Minister of International Trade announced Canada’s enhanced Corporate Social Responsibility (CSR) Strategy, “Doing Business the Canadian Way: A Strategy to Advance CSR in Canada’s Extractive Sector Abroad”. Like its predecessor, the CSR Strategy...
|Kaska Nation Announces Plans to Develop a New Resource Law in its Traditional Territory, While Yukon Government Extends Staking Prohibition in Ross River Area|
Stephanie Axmann, Selina Lee-Andersen; McCarthy Tétrault LLP;
March 16, 2015, previously published on February 4, 2015On January 27, 2015, the leaders of the Kaska Nation issued a news release and declaration announcing plans to develop a resource law and regulations (Kaska Resource Law). The introduction of the Kaska Resource Law is intended to provide clear direction to resource proponents seeking to operate in...
|Canadian Government Announces Mining Tax Changes|
Steve Suarez; Borden Ladner Gervais LLP;
March 12, 2015, previously published on March 03, 2015 Many expenditures made by mining companies that are not on depreciable property for tax purposes fall into one of two categories of expenditures unique to the natural resource industry: "Canadian exploration expense" (CEE) or "Canadian development expense" (CDE). Essentially,...
|Important Changes to Offerings to Existing Security Holders and Rights Offerings and their Impact on the Mining Sector in Canada|
Alessandro Bozzelli, Andrea C. Johnson, Jason A. Saltzman; Dentons Canada LLP;
March 5, 2015, previously published on December 3, 2014 Two important developments were announced today that affect how Canadian reporting issuers can raise capital from their existing security holders:
|Incrementalism and Good Faith in Contract Law - The New Duty of Honesty (And Beyond?)|
Tom (Thomas) P. O'Leary, Ejeme Okhiria; Dentons Canada LLP;
January 10, 2015, previously published on December 3, 2014 The Supreme Court of Canada’s (SCC) recent decision in Bhasin v. Hrynew 2014 SCC 71 (Bhasin) attempts to both clarify and extend the role of good faith in contract law. At the same time, the SCC also strongly endorsed a cautious and incremental approach to the development of the common law.
|Transparency Initiatives in the Extractive Sector|
Michael Brown, Jay F. King, Joyce Lim; Cassels Brock & Blackwell LLP;
January 10, 2015, previously published on November 10, 2014On October 23, 2014, the Federal Government of Canada introduced Bill C-43, which included the Extractive Sector Transparency Measures Act. The Act will require disclosure by entities in the extractive sector of payments made to government entities through a number of new annual reporting...
|Optional Safety Features: Let the Sophisticated Purchaser Decide|
Joseph P. Wodarski; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on May 14, 2014Products used in an industrial setting, such as forklift trucks, are typically designed to offer the purchaser the option of choosing certain safety features and excluding others that are available. The particular setting where the product will be used (its operating environment) will dictate which...
|Environmental Appeal Board Punishes Appellant for Bad Behaviour|
Nicholas Hughes; McCarthy Tétrault LLP;
October 28, 2014, previously published on October 21, 2014On September 15, 2014, the British Columbia Environmental Appeal Board (Board), in a rare exercise of its powers, awarded costs against an appellant in Seaspan ULC v. Director, Environmental Management Act, Decision Nos. 2010-EMA-005(c) and 2010-EMA-006(c). In a comprehensive 43-page decision, the...
|Supreme Court of India Cancels 214 Coal Block Allocations|
Saionton Basu; Duane Morris LLP;
October 7, 2014, previously published on October 1, 2014In a judgment delivered on 24 September 2014, the Supreme Court of India cancelled 214 coal block allocations that had been in place since 1993. Out of the 214 cancelled allotments, 42 coal blocks with end-use plants that were already functional or were about to become functional, have been allowed...