Publication
An overview of the Commonwealth’s model litigant obligation
Since the early 20th century, Australian courts have emphasised the obligation for the Commonwealth to act as a ‘model litigant’ in court proceedings.
Over the course of 2019 and first half of 2020, there have been a number of significant developments in Canadian law relating to Indigenous people and their rights and interests in lands.
This publication summarizes a number of key decisions dealing with:
- the evolving case law on the duty to consult on projects and decision-making;
- granting or dismissing injunctions in the context of project development and blockades;
- procedural issues affecting ongoing litigation in this area; and
- section 35 rights treaty and Aboriginal rights.
For more information on any of these cases or other Indigenous law issues, please contact any member of Norton Rose Fulbright Canada LLP’s Indigenous law team.
Senior Partner, Canadian Co-Head of Responsible Business and Sustainability
Email
ray.chartier@nortonrosefulbright.com
Recent publications
Publication
Essential Corporate News – Week ending 23 May 2025
The Companies and Limited Liability Partnerships (Annotation) Regulations 2025 and an accompanying Explanatory Memorandum were published on 14 May 2025.
Publication
Federal Court quashes Commissioner of Patent’s decision and calls for a robust “due care” analysis for patentees
In a recent decision, Matco Tools Corporation v. Canada (Attorney General), the Federal Court has overturned a Commissioner of Patents (the Commissioner) decision regarding a patent applicant failing to meet the “due care” standard in the context of an unpaid maintenance fee.
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