Posted ~ November 25, 2013

Payette v. Guay Inc., 2013 SCC 45 – Case Summary

The Supreme Court of Canada (“SCC”) recently released a decision upholding non-compete provisions and non-solicitation provisions negotiated in the context of the sale of a business. The Court affirmed that restrictive covenants in commercial agreements will be more generously interpreted and enforced than those in employment agreements, where the imbalance of power between employers and […]

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Posted ~ July 8, 2013

Ahousaht Indian Band and Nation v. Canada (Attorney General), 2013 BCCA 300 – Case Summary

The BC Court of Appeal (“BCCA”) recently issued a decision that affirmed the Nuu-chah-nulth’s Aboriginal rights to fish and sell fish and found that Canada’s regulatory regime infringed these rights.  This decision resolves nearly four years of appeals and essentially restores the 2009 decision of the trial judge, Madam Justice Garson (the BCCA did not […]

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Posted ~ August 23, 2012

Adams Lake Indian Band v. Lieutenant Governor in Council, 2012 BCCA 333 – Case Summary

On August 9, 2012, the British Columbia Court of Appeal released its decision in the Adams Lake case.  The Adams Lake Indian Band (“Adams Lake”) challenged the creation of the Sun Peaks Mountain Resort municipality, and sought to overturn the order in council creating the municipality on the basis that the Crown had not adequately […]

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Posted ~ March 7, 2012

Legal Update: Current Issues Affecting First Nations’ Business Structures

First Nations continue to increase their use of corporate entities to conduct their commercial activities.  The band structure, as defined under the Indian Act, is not designed to conduct commercial activities and, more particularly, not designed to offer protection from liability.  The corporate structures available to First Nations’ business ventures are those available to all […]

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