The Supreme Court of Canada has ushered in a new generation of land claims deals. Like an annual checkup at an overworked GP’s office, these land claims deals are formal, brisk, and to the point – and if you miss the meeting, you’re charged a small yet potentially aggravating stipend. This case discusses the duty [...]

On October 21, 2010, the SCC held in Kuwait Airways Corp. v. Iraq, 2010 SCC 40, that the Republic of Iraq (“Iraq”) could not rely upon its state immunity to limit the jurisdiction of a Quebec court in order to prevent recognition a foreign judgment for damages against it. The quirk in this case was [...]

The Canadian government has had mixed results lately in defending itself against NAFTA claims. Recently, Canada agreed to provide compensation in the amount of $130 million to settle the claim of AbitibiBowater Inc. (“Abitibi”). TheCourt.ca commented on this settlement, and given that the actions of the Government of Newfoundland were so clearly in contravention of [...]

This week, the federal government announced a settlement of a claim under the North American Free Trade Agreement, Can T.S. 1994 No. 2 (“NAFTA”) by AbitibiBowater Inc. (“Abitibi”) against Canada as a result of the dispute between the company and Newfoundland. In 2008, the Newfoundland government hastily expropriated nearly all of Abitibi’s Newfoundland assets after [...]

Newfoundland has failed in its latest effort to compel AbitibiBowater Inc. to clean up industrial sites that the company once owned and operated in the province. The Quebec Court of Appeal decision in Newfoundland v. AbitibiBowater Inc., 2010 QCCA 965, denied the province leave to appeal of an earlier decision by the Superior Court in [...]

On November 13, 2008, the Supreme Court of Canada heard Judy Ann Craig’s appeal of a judgment rendered against her by the B.C. Court of Appeal. Ms. Craig’s appeal was heard alongside Sa Majeste la Reine c. Yves Ouellette and Kien Tam Nguyen et al. v. Her Majesty the Queen, but this post will only [...]