On December 19, 2010. I blogged about the decision in Bentley et al. v. Anglican Synod of the Diocese of New Westminster et al. In this case, the British Columbia Court of Appeal found that parish assets are held by the Anglican parish corporations in trust for the purpose of “Anglican ministry”. Specifically, the trust to is to further Anglican ministry in accordance with ...
On April 13–14, 2011, the Supreme Court of Canada will hear a reference involving a show down between the federal government and various provincial governments over the question of whether the proposed new national securities regulator is constitutionally valid.
Currently, the securities industry in Canada is primarily regulated through provincial securities ...
On December 12, 2010, the trustees of four dissident parishes within the Anglican Church of Canada (the “ACC”) announced that they will ask the Supreme Court of Canada to hear their appeal from the decision that the lands and buildings used by those parishes are held in trust for the ACC. Effectively, this decision means that those congregations must vacant their lands ...
In a pair of companion cases, the Supreme Court of Canada unanimously turned down an opportunity to patch over a priority lacuna in the federal Bank Act, S.C. 1991, c. 46 and, instead, held such security could rank after unregistered security granted under Saskatchewan’s Personal Property Security Act, S.S. 1993, c. P-6.2. In doing so, the Court (quite rightly) rejected a ...
The use of confidential sources by journalists – a topic first sensationalized when Washington Post reporters Bob Woodward and Carl Bernstein broke the Watergate scandal – has remained a vexed issue for courts and legislatures ever since. In R. v. National Post, 2010 SCC 16, the Supreme Court of Canada recently ruled against a constitutional right to protect ...
The repercussions of the first Gulf War have now made their way to the courts of Canada. The Supreme Court of Canada has recently weighed in on whether Kuwait Airways Corp. ("KAC") could enforce in Canada a C$84 million judgment against the Republic of Iraq.
In 1990, Iraq invaded and occupied Kuwait. Iraq ordered its national airline to appropriate aircraft and equipment ...
This post was submitted by Lawson Lundell guest author Keith Bergner.
On October 28, 2010, the nine justices of Supreme Court of Canada issued a unanimous judgment in Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43. Lawson Lundell LLP (Chris Sanderson, Q.C., Keith Bergner and Laura Bevan) represented the ...
Over the last 20 years, the Courts in Canada have struggled with Pension Plan Administrators and Sponsors’ legal obligations as well as the legal rights of Plan Members in Defined Benefit Pension Plans. Luckily, in the last few years, some clarity has begun to emerge from the Supreme Court of Canada regarding these issues and this has been good news for Pension Plan ...
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