Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 06 MARCH 2014

Case Law Summaries - Conflicts And Jurisdiction

McCarthy Tétrault
McCarthy Tétrault
Contributor
McCarthy Tétrault

McCarthy Tétrault

Built on a unique model of collaboration, innovation and efficiency, McCarthy Tétrault delivers...

View firm profile
Explore more from McCarthy Tétrault

Recent litigation and court decisions in the mining industry.

CanadaEnergy and Natural Resources
Nicholas Hughes
Nicholas Hughes
David Hamer
David Hamer
Aidan Cameron
Aidan Cameron
Author LinkedIn connections

CENTRAL SUN MINING INC. V. VECTOR ENGINEERING INC., 2013 ONCA 601

The decision deals with, among other things, the location (for jurisdiction purposes) of negligent misrepresentations which were alleged to have been made in various studies conducted by engineers in connection with the site, design and construction of a gold mine in Costa Rica. The Ontario Court of Appeal determined the tort occurs where the misrepresentation was received and relied upon, which in this case was Ontario. For more discussion on this decision, see "Foreign Affairs: Extra-Territorial Jurisdiction of Canadian Courts in Mining Cases" on page 12.

CHOC V. HUDBAY MINERALS INC., 2013 ONSC 1414

In this case, the Ontario Superior Court of Justice declined to strike a pleading which alleged that a Canadian parent company was liable in negligence for failing to prevent alleged human rights abuses for which its foreign subsidiary was implicated. The defendants sought to have the claim struck

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Powering Up: Grid Access, Strategic Screening And Canada’s Emerging Data Centre Regimes

Canada is rapidly becoming a key destination for data centre investment, fueled by artificial intelligence and cloud computing growth. However, this expansion places unprecedented demands on electricity grids, water resources, and local communities. As federal and provincial governments introduce new frameworks to manage these resource challenges, developers and investors must navigate an increasingly complex landscape where power strategy...
CanadaEnergy and Natural Resources
McMillan LLP
McMillan LLP
Article

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Alberta's data centre sector has evolved from speculative interest into billions in committed investment, supported by a new regulatory framework and hyperscale commitments from Meta and AWS. However, grid capacity constraints, power procurement challenges, unresolved federal copyright issues affecting AI training workloads, and community concerns about environmental impacts present significant obstacles that require continued collaboration between industry, government, and regulators.
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Government Of Canada Makes Significant Changes To Energy Project Approvals Process

On September 3, the Government of Canada published amendments removing seven types of energy projects from the Physical Activities Regulations (the Project List) under the Impact Assessment Act (IAA). As a result, these types of projects will no longer be subject to the IAA but will continue to be regulated by the Canada Energy Regulator Act (CER Act) or applicable provincial environmental assessment regimes.
CanadaEnergy and Natural Resources
Torys
Torys
Article

Digging Deeper: Canadian Mining Sector Tax Update

Canada’s mining sector is at an important inflection point. Against a backdrop of growing global demand for critical minerals and increased competition for investment capital, the Canadian federal government has recently introduced a series of tax measures designed to encourage investment and strengthen the competitiveness of Canada’s mining industry. For investors, these measures may meaningfully influence the after-tax economics of projects and financing structures across the mining value chain.
CanadaEnergy and Natural Resources
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Government Of Canada Reduces The Scope Of The Project List Under The Impact Assessment Act

The Government of Canada has amended the Physical Activities Regulations, removing certain intraprovincial energy projects and facilities regulated by the Canada Energy Regulator from the federal Impact Assessment Act's Project List. This regulatory change eliminates automatic federal oversight for fossil fuel-fired power plants and specific oil sands facilities, while transferring assessment responsibilities for interprovincial pipelines and transmission lines to the Canada Energy Regulator, potentially re
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

New Churchill Falls Agreement: Key Terms For Newfoundland And Labrador, Québec And Canadian Power Markets

Newfoundland and Labrador's House of Assembly has approved a landmark definitive cooperation and implementation agreement that would replace the 1969 Churchill Falls Power Contract, pair the redevelopment of Churchill Falls with the Gull Island project, and establish new transmission pathways through Québec. The agreement faces political uncertainty in Québec ahead of the October 2026 provincial election...
CanadaEnergy and Natural Resources
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

AI Data Centres In Canada: Legal And Regulatory Considerations For Developers And Investors Looking To Build

Developing AI data centres in Canada requires navigating complex corporate structuring, financing arrangements, regulatory approvals, energy supply agreements, real estate considerations, environmental permitting, and stakeholder engagement across multiple jurisdictions. This comprehensive guide examines the legal and regulatory frameworks governing the physical infrastructure side of data centre development, from site selection and power procurement to Indigenous consultation and municipal approvals.
CanadaEnergy and Natural Resources
MLT Aikins LLP
MLT Aikins LLP
Article

Gloves Off: Canada Answers U.S. Section 338 Tariffs Dollar-for-Dollar As Washington Escalates With Import Bans

Canada and the United States have entered a new phase of trade conflict, with Canada implementing retaliatory surtaxes on C$27.6 billion of U.S. goods while the United States escalates beyond tariffs to outright import prohibitions on Canadian alcohol, dairy products, and motorcycles. The dispute now extends into government procurement policy, raising questions about compliance strategies and supply chain restructuring as both nations tighten customs enforcement.
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault
Article

Federal Government Removes Certain Energy Projects From The Impact Assessment Act Project List

The Canadian government has removed seven types of energy projects from federal impact assessment requirements, shifting review responsibilities to the Canada Energy Regulator and provincial processes. This regulatory change affects pipelines, electrical transmission lines, oil sands facilities, and power plants, fundamentally altering how major energy infrastructure projects will be evaluated and approved across Canada.
CanadaEnvironment
McCarthy Tétrault
McCarthy Tétrault
Article

Canada Commits To Airport Privatization Through Long-Term Concessions For Its Four Largest Airports

The Canadian federal government has announced a firm commitment to privatize operations at the country's four largest airports through long-term concessions, marking a decisive shift from earlier exploratory discussions. Prime Minister Mark Carney revealed that while the government will retain ownership of airport lands and assets following the Australian leased-airport model, private investment will be sought to operate Toronto Pearson, Vancouver, Montreal-Trudeau, and Calgary international airports.
CanadaTransport
McCarthy Tétrault
McCarthy Tétrault
Article

FITAA Is Now In Force: What Organizations Need To Know About Canada's New Foreign Influence Registry

Canada's Foreign Influence Transparency and Accountability Act (FITAA) establishes a comprehensive registration regime for arrangements with foreign principals involving influence activities related to Canadian political or governmental processes. Organizations across sectors—including businesses, NGOs, universities, and industry associations—must assess whether their existing or proposed arrangements trigger registration obligations, with significant administrative and criminal penalties for no
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault
Article

Changing Lanes: Canada Proposes To Replace Its ZEV Sales Mandate With Technology-neutral Emission Standards

Canada is proposing to eliminate its federal zero-emission vehicle sales mandate and replace it with technology-neutral greenhouse gas emission standards. The shift comes amid declining EV sales, affordability concerns, and trade uncertainty with the United States, raising questions about how the automotive industry will balance climate goals with market realities. What will this regulatory transformation mean for manufacturers, consumers, and Canada's electrification timeline?
CanadaEnvironment
McCarthy Tétrault
McCarthy Tétrault
Article

Foreign Investment Law & National Security: Doing Business In Canada 2026

Canada's foreign investment review regime under the Investment Canada Act establishes two distinct processes: a net benefit review for investments exceeding prescribed financial thresholds, and a national security review applicable to any investment involving Canadian operations. Understanding these mechanisms is critical for global investors seeking to navigate mandatory approvals, timing considerations, and potential conditions or prohibitions.
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault