Skip to content

Brought to you by

Dentons logo

Dentons Commercial Litigation Blog

Latest trends and developments in commercial litigation.

open menu close menu

Dentons Commercial Litigation Blog

  • Home
  • About us
  • Topics
    • Topics
    • Alternative Dispute Resolution (ADR)
    • Class Action
    • Commercial Litigation
    • Judicial Review and Public Law
    • Privacy Litigation
    • Professional Liability
    • Securities Litigation
    • Technology and New Media

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
February 9, 2022
  • Civil Litigation
Share on Facebook Share on Twitter Share via email Share on LinkedIn

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.

Print Friendly, PDF & Email
Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Morgan Camley

About Morgan Camley

Morgan Camley (She/Her/Hers) is a partner, leader of the national Agribusiness sector group, and leader of the Litigation and Dispute Resolution practice group in Vancouver.

All posts Full bio

RELATED POSTS

  • Civil Litigation
  • Commercial Litigation
  • Medical Malpractice

Be careful what you admit: Ontario Court of Appeal rules on Requests to Admit

By Meredith Bacal
  • Civil Litigation
  • Commercial Litigation
  • General

Heidari v Naghshbandi: Ontario Court of Appeal Clarifies When Security for Costs of an Appeal is Appropriate

In Heidari v Naghshbandi,[1] the Court of Appeal for Ontario canvassed the governing principles relevant to a motion to obtain […]

By Amer Pasalic, Douglas Stewart, and Noah Walters
  • Civil Litigation
  • Commercial Litigation
  • Estates and Trusts
  • General

Probate application process made easier for “Small Estates” by Ontario’s Smart and Stronger Justice Act

By Kathryn McCulloch

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Categories

  • Acknowledgement
  • Adding a Party
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Amending Pleadings
  • Arbitration
  • attempted resolution
  • Civil Litigation
  • Class Action
  • Commercial Litigation
  • Contribution and Indemnity
  • Covid-19
  • Demand Obligations
  • Discoverability
  • Energy
  • Enforcement of Foreign Judgments
  • Environmental Litigation
  • Estates and Trusts
  • General
  • Government Investigations
  • Intellectual Property
  • International Arbitration
  • Judicial Review and Public Law
  • Limitation Periods contained in "Other Acts"
  • Limitation Periods in Federal Court
  • Medical Malpractice
  • Mining
  • Misnomer
  • Motions to Strike
  • Privacy
  • Privacy and Cybersecurity
  • Privacy Litigation
  • Professional Liability
  • Quarterly privacy litigation digest
  • Regulatory
  • Securities Litigation
  • Special Circumstances
  • Statutory Variation of Time Limits
  • Successors
  • Technology and new media
  • Tolling/Varying Agreements
  • Transitional Provisions
  • Ultimate Limitation Periods
  • White-Collar Crime

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo in black and white

© 2025 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site