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ARTICLE · 25 JANUARY 2018

Tribunal Holds That Canada Breached Duty Of Minimal Impairment

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On November 28, 2017, the Specific Claims Tribunal ("Tribunal") released its decision regarding a taking of lands from the Tobacco Plains Indian Band ("Claimant") in 1915.

CanadaLitigation, Mediation & Arbitration
Jeremy Bouchard
Jeremy Bouchard
Robert Winogron
Robert Winogron
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On November 28, 2017, the Specific Claims Tribunal ("Tribunal") released its decision regarding a taking of lands from the Tobacco Plains Indian Band ("Claimant") in 1915. The lands were located in British Columbia on the Canada-United States border and expropriated for the purposes of a Customs house and garden ("Claim Lands"). The Claimant was paid $150 for 2.97 acres of land, however, the Parties subsequently agreed that the historic value of the lands should have been assessed at $208.

The Claim also concerned a second parcel of land in which a breach of a fiduciary duty had been acknowledged by the Crown at the outset of proceedings. Accordingly, this aspect of the Claim will be assessed, along with any other compensation-related issues, during the compensation phase of the Tribunal proceedings.  

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