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Takings Clause Canada

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Fish(es), Minerals, Train Tracks and Parks (and the law of Constructive Taking)

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The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more

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B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss

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In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. ...more

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Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

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On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in...more

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