In a new decision, the Supreme Court of Canada has provided guidance on when compensation might be due in cases of nuisance caused by public infrastructure projects. The Antrim decision is relevant not only for those involved in the management of public projects, but it also shapes the more general law of nuisance, especially in… → Read More
Category Archives: Transportation
Subscribe to Transportation RSS FeedHot Off the Press – World Class Actions: A Guide to Group and Representative Actions Around the Globe
Posted in Aboriginal, Class Actions, Communications, Construction and Real Estate, Energy, Financial Services, Franchise and Distribution, Health, Insurance, Media, Municipal, Procedure, Professions, Securities, TransportationIn the newly published World Class Actions: A Guide to Group and Representative Actions Around the Globe, McCarthy Tétrault litigators David Hamer and Shane D’Souza co-authored the “Multijurisdictional and Transnational Class Litigation: Lawsuits Heard ‘Round the World” chapter. The chapter offers guidance to international lawyers who represent clients involved in cross-border, multinational and international class… → Read More
SCC to Determine Whether Provincial Workplace Safety Legislation Bars Negligence Claims for Deaths and Accidents at Sea
Posted in Case Previews, Labour and Employment, Torts, TransportationNewfoundland (Workplace Health, Safety and Compensation Commission) v. Ryan Estate will provide an opportunity for the Supreme Court of Canada to reconsider the constitutional issues of interjurisdictional immunity and paramountcy since its landmark decision in Ordon Estate v. Grail. In Ordon Estate, the Supreme Court held that provincial legislative provisions providing for derivative claims for dependents… → Read More
The Backside of a Truckstop: SCC to Rule on Balancing Competing Interests in Nuisance Cases
Posted in Case Previews, Construction and Real Estate, Torts, TransportationThe Supreme Court of Canada has granted leave to appeal in Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, a case that is expected to provide clarity about the law of nuisance, particularly in cases where the social utility of the defendant’s activity is arguably very high…. → Read More
SCC to Address Test for “Federal Undertakings” Under the Constitution
Posted in Case Previews, Communications, Constitutional, Labour and Employment, TransportationWhen do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867? The Supreme Court of Canada will answer this question in the Tessier case, for which it recently granted leave to appeal. Decisions Below The appeal comes before the Supreme Court from the ruling of the Quebec Court of Appeal… → Read More
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