June 2008


On January 17, 2008, the Federal Court of Appeal, in Canada (Environment) v. Imperial Oil Resources Ventures Ltd., 2008 FCA 20, upheld two decisions of the Federal Court Trial Division. First, the Federal Court of Appeal upheld the March 9, 2006 decision of Mr. Justice Phelan which dismissed a motion by the Ministers of Environment, Fisheries and Oceans, Indian and Northern Affairs, and Transport (the "Ministers") to stay the Federal Court proceedings (2006 FC 307) between the parties. Second, the Federal Court of Appeal upheld Mr. Justice Phelan's November 10, 2006 decision in which he granted the application for judicial review and, as a result, suspended the Judicial Review Panel ("JRP") hearings in respect of the Mackenzie Gas Project ("Project") (2006 FC 1354).