Burnaby (City) v. Trans Mountain Pipeline ULC, 2017 BCCA 132

JurisdictionBritish Columbia
JudgeThe Honourable Mr. Justice Frankel,The Honourable Madam Justice Fenlon,The Honourable Madam Justice Dickson
Citation2017 BCCA 132
Docket NumberCA43285
CourtCourt of Appeal (British Columbia)
Date27 March 2017
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5 practice notes
  • Table of cases
    • Canada
    • Emond Casebooks Environmental Law and Policy, 4th Edition
    • May 8, 2020
    ...44 Cal (3d) 1049, 751 P (2d) 470 (1988) ......................... 251 Burnaby (City) v Trans Mountain Pipeline UCL, 2015 BCSC 2140, aff’d 2017 BCCA 132 ...... 278 Burns Bog Conservation Society v Canada, 2014 FCA 170, 464 NR 187 ................ 241, 621 Caddy Lake Cottagers Assn v Florence......
  • CANADIAN FEDERALISM'S UNDERLYING QUESTION: WHAT IT IS AND WHY IT MATTERS.
    • Canada
    • University of British Columbia Law Review Vol. 53 No. 2, December 2020
    • December 1, 2020
    ...02 (Calgary: National Energy Board, 23 October 2014); Burnaby (City) v Trans Mountain Pipeline ULC, 2015 BCSC 2140, aff'd 2017 BCCA 132; Canada, National Energy Board, Reasons for Decision--National Energy Board (NEB or Board) Order MO-057-2017 (Calgary: National Energy Board, 18 January 20......
  • Constitutional Jurisdiction
    • Canada
    • Emond Casebooks Environmental Law and Policy, 4th Edition
    • May 8, 2020
    ...within the exclusive jurisdiction of Parliament. The British Columbia Court of Appeal (in Burnaby (City) v Trans Mountain Pipeline ULC , 2017 BCCA 132) dismissed an appeal, holding that the NEB did have the authority to determine the constitutional validity of the Burnaby by-laws. B. ABORIG......
  • STICK v. ONION LAKE CREE NATION, 2017 SKQB 176
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • June 15, 2017
    ...54 at paras 70-71, [2016] 2 SCR 617 where Karakatsanis J. questions whether that is so; and Burnaby (City) v Trans Mountain Pipeline ULC, 2017 BCCA 132 at paras 34-35, which supports the conclusion it does not. [37] It is not necessary that I decide this jurisdictional question. The applica......
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1 cases
  • STICK v. ONION LAKE CREE NATION, 2017 SKQB 176
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • June 15, 2017
    ...54 at paras 70-71, [2016] 2 SCR 617 where Karakatsanis J. questions whether that is so; and Burnaby (City) v Trans Mountain Pipeline ULC, 2017 BCCA 132 at paras 34-35, which supports the conclusion it does not. [37] It is not necessary that I decide this jurisdictional question. The applica......
1 firm's commentaries
  • Litigation 2019 - Trends & Developments
    • Canada
    • Mondaq Canada
    • January 13, 2020
    ...through the BC courts for several years. The BCCA dismissed Burnaby's appeal in 2017 (Burnaby (City) v Trans Mountain Pipeline ULC, 2017 BCCA 132) and upheld the lower court's determination that the NEB had the jurisdiction to resolve the In May 2016, following the process under the previou......
1 books & journal articles
  • CANADIAN FEDERALISM'S UNDERLYING QUESTION: WHAT IT IS AND WHY IT MATTERS.
    • Canada
    • December 1, 2020
    ...02 (Calgary: National Energy Board, 23 October 2014); Burnaby (City) v Trans Mountain Pipeline ULC, 2015 BCSC 2140, aff'd 2017 BCCA 132; Canada, National Energy Board, Reasons for Decision--National Energy Board (NEB or Board) Order MO-057-2017 (Calgary: National Energy Board, 18 January 20......

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