Monthly Archives: August 2008

Racial Profiling–Identification or Discrimination?

Cases Considered: Coward v. Alberta (Human Rights and Citizenship Commission, Chief Commissioner) 2008 ABQB 455 PDF Version: Racial Profiling–Identification or Discrimination? This case was an application for judicial review of a decision of the Chief Commissioner of the Alberta Human … Continue reading

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Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board

Cases Considered: Domke v. Alberta (Energy Resources Conservation Board), 2008 ABCA 232. PDF Version:  Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board In a break from what seemed to be a growing trend, Mr. Justice Keith Ritter has refused leave … Continue reading

Posted in Constitutional, Oil & Gas | 2 Comments

Arbitration is not Administrative Law

Cases Considered:  Jamani v. Subway Franchise Systems of Canada Ltd., 2008 ABQB 438 PDF Version:  Arbitration is not Administrative Law The reasons that arbitration is a legitimate way to resolve a dispute are not the same reasons that administrative decision-making … Continue reading

Posted in Administrative Law, Arbitration | 2 Comments

Proof of Future Economic Losses in Tort Law

Cases Considered:  Chernetz v. Eagle Copters Maintenance Ltd., 2008 ABCA 265 PDF Version:   Proof of Future Economic Losses in Tort Law In 1999, Harry Chernetz was killed in a helicopter crash. In an action against the helicopter operator and its … Continue reading

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When does a royalty owner not have to pay for a share of processing costs?

Cases Considered: 570495 Alberta Ltd. v. Hamilton Brothers Exploration Company, 2008 ABQB 413 PDF Version:  When does a royalty owner not have to pay for a share of processing costs?When does a royalty owner not have to pay for a … Continue reading

Posted in Natural Resources, Oil & Gas | Leave a comment

The ERCB asserts its jurisdiction to determine the validity of an oil and gas lease

Cases Considered: In re Desoto Resources, Joffre Field, ERCB Decision 2008-47 PDF Version:   The ERCB asserts its jurisdiction to determine the validity of an oil and gas lease In an unusual decision the ERCB has asserted its jurisdiction to determine the … Continue reading

Posted in Administrative Law, Natural Resources, Oil & Gas | 1 Comment

No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case

Cases Considered: R. v. Nest, 2008 ABQB 323 PDF Version:  No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case Donald Marshall, David Milgard, and Guy Paul Morin are the troika of wrongful conviction cases in Canada, bringing to mind … Continue reading

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Queen’s Bench Boosts Municipal Bylaw Making Powers

Cases Considered: William Holowatiuk v. Beaver County, 2008 ABQB 290 PDF Version: Queen’s Bench Boosts Municipal Bylaw Making Powers This decision takes a broad view of municipal powers granted under the Alberta Municipal Government Act (R.S.A. 2000, c. M-26) (MGA). … Continue reading

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Conflicting Interests, Conflicting Judgments and the Ethical Obligations of Lawyers and Judges

Cases Considered: Hughes Estate v. Hughes [2008] A.J. No. 739 (Q.B.) (Q.L) Note: We will add a link when this judgment is posted on the Alberta Courts website. PDF Version: Conflicting Interests, Conflicting Judgments and the Ethical Obligations of Lawyers … Continue reading

Posted in Ethics and the Legal Profession | 1 Comment