The Supreme Court of Canada (“SCC” or “The Court”) has modified the threshold of “impecuniosity” where a First Nations government seeks advance cost awards in litigation against the federal or provincial governments. In the unanimous decision of Anderson v Alberta, 2022 SCC 6 [Anderson], the Court determined that a First Nations government which has access […]
In the last three decades, Indigenous nations have increasingly chosen to address systemic injustices facing their communities through litigation. However, as many Aboriginal law cases are complex and novel in nature, Indigenous nations had to bear the associated legal fees as the cases moved through Canadian courts. Anderson v Alberta (Attorney General), 2020 ABCA 238 […]
After the underdog Ecuadorians’ victory in Chevron Corp v Yaiguaje, 2015 SCC 42, which established that judgements against foreign corporations can be enforced against Canadian subsidiaries, the Goliath Chevron Corporation has struck back with a potentially debilitating blow to the Ecuadorians seeking enforcement of their $9.5 billion award with a motion for security costs. A […]