Monthly Archives: May 2008

Royalty Changes in Alberta: Why are we waiting? (to the tune of “O Come All ye Faithful”)

PDF Version: Royalty Changes in Alberta: Why are we waiting? (to the tune of “O Come All ye Faithful”) One of the most damning indictments contained in the Report of the Royalty Review Panel in the fall of last year … Continue reading

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Provincial Court Small Claims Appeals: When is an appeal by way of trial de novo appropriate?

Cases Considered: Rezources Inc. v. Gift Lake Development Corp., 2008 ABQB 254 PDF Version:  Provincial Court Small Claims Appeals: When is an appeal by way of trial de novo appropriate?  Section 51 of the Provincial Court Act, R.S.A. 2000 Ch. … Continue reading

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Leave to Intervene Denied to Insurance Co. in Appeal of Cap on Minor Injuries

Cases Considered: Pedersen v. Alberta, 2008 ABCA 192 PDF Version: Leave to Intervene Denied to Insurance Co. in Appeal of Cap on Minor Injuries As noted in a previous post, on February 8, 2008, Associate Chief Justice Neil Wittmann of … Continue reading

Posted in Constitutional | Leave a comment

Do Common-Law Spouses have Dower Rights?

Cases Considered: Nielson v. Paumier Estate, 2008 ABCA 159 PDF Version:  Do Common-Law Spouses have Dower Rights? Strictly speaking, Mr. Justice Jack Watson’s decision in Nielsen v. Paumier Estate is simply a decision denying an application to restore an appeal … Continue reading

Posted in Family, Property | Leave a comment

Federal Court upholds nullification of Kearl oil sands authorization

Cases Considered: Imperial Oil Resources Ventures Limited v. Pembina Institute for Appropriate Development et al, 2008 FC 598 PDF Version: Federal Court upholds nullification of Kearl oil sands authorization The Federal Court’s decision in Pembina Institute for Appropriate Development v. … Continue reading

Posted in Environmental, Natural Resources | Tagged , , | 3 Comments

Vriend Ten Years Later

Cases Considered: Vriend v. Alberta, [1998] 1 S.C.R. 493 PDF Version: Vriend Ten Years Later April 2, 2008 marked the 10th anniversary of the release of the SCC decision in Vriend v. Alberta. This decision was remarkable in many ways. … Continue reading

Posted in Constitutional, Human Rights, Supreme Court of Canada | Leave a comment

Making Noise: Loudspeaker Preaching to Homeless Leads to Contempt and Injunction

Cases Considered: Pawlowski v. Calgary (City), 2008 ABQB 267 PDF Version: Making Noise: Loudspeaker Preaching to Homeless Leads to Contempt and Injunction  The Street Church Ministries (“SCM”) and its leader, Artur Pawlowski, have been active and controversial participants in Calgary’s … Continue reading

Posted in Constitutional, Municipal Law, Remedies | 1 Comment

Minimum Housing Standards for Residential Tenancies Upheld

Cases Considered: BPCL Holdings Inc. v. Alberta, 2008 ABCA 153 PDF Version: Minimum Housing Standards for Residential Tenancies Upheld Alberta’s Residential Tenancies Act (“RTA”), S.A. 2004, c. R-17.1, is generally speaking a landlord-friendly statute. It is not replete with protections … Continue reading

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Dunsmuir: Much Ado about Nothing

Cases Considered: Dunsmuir v. New Brunswick, 2008 SCC 9 PDF Version:  Dunsmuir: Much Ado about Nothing The majority judgment in Dunsmuir, written by Justices Bastarache and Lebel JJ. (writing also for Fish, Abella, and McLachlin JJ.), begins by setting out … Continue reading

Posted in Administrative Law, Supreme Court of Canada | Tagged , | 1 Comment

The Guarantees Acknowledgement Act and Equity

Cases Considered: Bharwani v. Chengkalath, 2008 ABCA 148 PDF Version: The Guarantees Acknowledgement Act and Equity Sometimes it becomes apparent when reading a decision that the court would have preferred to reach a different result. Usually this is because the … Continue reading

Posted in Property | 3 Comments