skip to main content





Back to all Representative Matters
Apr 29, 2013

A&B Successful in Landmark Court of Appeal Decision

Following an eight day Court of Appeal hearing (the longest in that court since 1987), Aird & Berlis LLP lawyer, Chris Matthews, obtained a successful result for Resolute Forest Products (formerly known as Abitibi) in the case of Keewatin v. Minster of Natural Resources and Resolute Forest Products. The Ontario Court of Appeal allowed the appeals of the Ontario Minister of Natural Resources, the Attorney General of Canada and Resolute in a decision released on March 18, 2013.
 
The decision overturns the trial judgment of the Ontario Superior Court. The original decision interpreted Treaty 3 (an Indian treaty from 1873) as requiring federal approval of all land uses, including forestry licences, mining permits and Crown patents, in a 22,000 square kilometre portion of northwestern Ontario, if such uses might interfere with aboriginal hunting and fishing. Given the similarity of wording in other treaties, the decision has the potential to affect existing and future natural resources projects and developments in much of Canada, as well as impact the consultation process with First Nations.
 
The Court of Appeal disagreed with the trial judge and found that Ontario does have the jurisdiction to authorize land uses, and that the treaty language applies to the provincial as well as the federal Crown. The hearing of the appeal involved three appellants, the respondents and six groups of intervenors.

Areas of Expertise

Related Representative Matters

Representative Matters
Durham Region Reaches $6.2 Million Settlement Timothy J. Hill and Courtney Raphael Apr 25, 2018 The Region of Durham, represented by Aird & Berlis litigation lawyers Tim Hill and Courtney Raphael, successfully reached a settlement with the City of Oshawa regarding a 12-year legal battle arising from the amalgamation of Durham Region Transit services in 2006. As a result of the settlement, t...
Representative Matters
Aird & Berlis Advises Friends of Simon Wiesenthal Center for Holocaust Studies David S. Reiter and Jessica Millar Nov 22, 2017 Aird & Berlis has been acting as part of the Legal Action Committee of Friends of Simon Wiesenthal Center for Holocaust Studies (FSWC), representing the FSWC at the Canada Post Review Board hearing, and facts related to that.
Representative Matters
Mediclean Successful in Tax Court of Canada Louise R. Summerhill and Meghan A. Cowan Apr 17, 2017 Mediclean Inc. was recently successful in winning an appeal in the Tax Court of Canada. Mediclean Inc. had appealed decisions dated March 21, 2016 under the Canada Pension Plan and the Employment Insurance Act that had held that an individual contractor was engaged in pensionable and insurable em...