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Trends to watch in tort liability for 2022: BC Supreme Court confirms private entities can rely on statutory authority as a shield to tort claims brought by Aboriginal rights holders

By Morgan Camley and Sylvia Nicholles
February 9, 2022
  • Civil Litigation
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The BC Supreme Court recently confirmed that third-party proponents can be held liable for torts affecting a First Nations’ established or claimed Aboriginal rights and title. However, the Court confirmed the defence of statutory authority can apply to relieve the third party from liability if the third party acts within the bounds of its statutory authorization.

We provide the highlights and key takeaways of the decision in Thomas and Saik’uz v. Rio Tinto Alcan Inc., 2022 BCSC 15 and how this decision is likely to set the stage in 2022 and beyond for other Indigenous nations to claim in tort against private entities operating on lands claimed as Aboriginal title lands, and in areas where Aboriginal rights are claimed or exercised. Read more.

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Morgan Camley

About Morgan Camley

Morgan Camley (She/Her/Hers) is a Partner and lead of our Dentons’ Litigation and Dispute Resolution group in the Vancouver office.

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Sylvia Nicholles

About Sylvia Nicholles

Sylvia Nicholles (She/Her/Hers) is an associate in the Litigation and Dispute Resolution group at Dentons.

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