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ARTICLE · 08 AUGUST 2011

Aboriginal Claims – Another Layer Of Complexity And Risk For The Construction Industry

McMillan LLP
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Aboriginal claims have become a crucial consideration to developers and others in the construction industry seeking to manage risk effectively and deliver successful development projects.

CanadaReal Estate and Construction
McMillan LLP
McMillan LLP
Jason Annibale
Jason Annibale
Caroline Samara
Caroline Samara
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Aboriginal claims have become a crucial consideration to developers and others in the construction industry seeking to manage risk effectively and deliver successful development projects. In many cases where aboriginal claims are asserted, unexpected delays, litigation, project failure, and even violent confrontations can be the result. These circumstances were at play in Brantford, Ontario, where certain First Nation individuals and a First Nation organization called the Haudenosaunee Development Institute ("HDI") demanded that developers pay fees, obtain permits from the HDI, and satisfy various other conditions in relation to numerous development sites across Brantford.1 When developers refused, blockades were erected, and delays and litigation ensued.

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