Cases considered: Kostuch (Informant) v. WA Stephenson Construction (Western) (1990), 75 Alta. L.R.. (2d) 110 (Alta. Prov. Ct.); Kostuch (Informant) v. W.A. Stephenson (Western) (1991), 78 Alta. L.R. (2d) 131 (Alta. Prov. Ct.); Kostuch (Informant) v. W.A. Stephenson Construction (Western) Ltd., [1991] AJ No. 659 (Alta. Q.B.) (QL); R. v. W.A. Stephenson Construction (Western) Ltd., [1992] AJ No. 316 (Alta. C.A.) (QL); R. v. W.A. Stephenson Construction (Western) Ltd., [1992] AJ No. 233 (Alta. Prov. Ct.) (QL); W.A. Stephenson Construction (Western) Ltd. v. Kostuch, [1992] AJ No. 1262 (Alta. Q.B.) (QL); Kostuch v. W.A. Stephenson Construction (Western) Ltd., [1993] A.J. No. 52 (Alta. C.A.) (QL); Kostuch v. Alberta (Attorney General), [1995] A.J. No. 866 (Alta. C.A.), aff’g [1993] A.J. No. 635 (Alta. Q.B.) (QL)

PDF Version: Remembering Martha Kostuch: The Private Prosecution and the Oldman River Dam

I knew of Martha Kostuch primarily by her reputation as a leader in Alberta environmental advocacy. My personal dealings with Martha were limited to brief discussions at the annual roundtable meeting that she organized between the (then) Alberta Energy and Utilities Board and several environmental non-governmental organizations. My sense of loss for Alberta environmentalism with Martha’s passing in April 2008 inspired me to investigate her contribution to Alberta environmental law. This post reflects on a portion of my findings.

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Cases Considered: Lethbridge College Board of Governors v. Lethbridge College Faculty, 2008 ABQB 316

PDF Version:  Important Lessons from Lethbridge College

A recent matter at Lethbridge College carries some important lessons. A psychology professor with 12 years of service was fired after the College discovered he had sexual relationships with three of his undergraduate students. In each case, the relationship had begun shortly after the students had taken his course, although the flirtation had begun during the term. Each of the relationships was consensual, two of the students were relatively close in age to the professor, and he had known two of the women prior to their becoming his students. These relationships were discovered by College administration when the third relationship ended unhappily and the student filed a complaint with the dean. In her complaint, she alleged that the professor had taken advantage of his position as her instructor to inveigle his way into her affections. Based on the complaint, the College searched the professor’s emails and discovered the previous two relationships. In both those cases, the (now former) students remained on friendly terms with the professor and had taken subsequent courses from the professor, without disclosure of the previous relationship either by the professor or the students.

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Cases Considered: R. v. White, 2008 ABCA 294

PDF Version:  Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

In these days of flagrant disregard of publication restrictions, especially by “electronic ban breakers” (in the case of Karla Homolka, for example), it is interesting to see yet another case where various traditional media sought to strike down a provision of the Criminal Code dealing with the publication of evidence heard in bail proceedings.

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Cases Considered: M.E.B. v. C.W.M., 2008 ABQB 484; N.L.B. v. K.G.C., 2008 ABQB 485; R. v. M.S., 2008 ABQB 488; K.F. v. A.F., 2008 ABQB 496.

PDF Version: Family Violence Cases in Alberta: A Snapshot

In a one week period in August, four decisions concerning family violence were posted on the Alberta Courts website, all written by Justice Donald Lee of the Alberta Court of Queen’s Bench. This is certainly the highest number of cases posted in this area in one week since ABlawg began systematically reviewing Alberta court decisions in the fall of 2007. Three of the four decisions (M.E.B. v. C.W.M., 2008 ABQB 484; N.L.B. v. K.G.C., 2008 ABQB 485; and K.F. v. A.F., 2008 ABQB 496) arose under Alberta’s Protection Against Family Violence Act, R.S.A. 2000, c. P-27 (PAFVA), and the fourth dealt with a criminal matter (R. v. M.S., 2008 ABQB 488). This post will consider whether these cases, even though they are a very small sample, are representative of family violence matters coming before the Alberta courts. Statistics Canada undergoes a similar exercise each year when it gathers statistics on women’s shelters in a one day period as a snapshot of overall trends (see for example http://dsp-psd.pwgsc.gc.ca/collection_2007/statcan/85-002-X/85-002-XIE2007004.pdf).

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Cases Considered: Hein v. Barrett, 2008 ABQB 548

PDF Version: Leisurely Pace, Standstill and Drop Dead: A Lawsuit’s Journey

An application by a party for an extension of time is a very common application in a lawsuit. There is nothing especially note-worthy about this particular application by two Defendants, David Barrett and Chinook Accounting and Tax Services Ltd., for an order extending the time to file and serve a third party notice on two other Defendants, William Herman and Ross Todd and Company, save and except that seven years had gone by since Barrett and Chinook should have filed and served their third party notice. Nevertheless, the judgment by Master Judith Hanebury of the Alberta Court of Queen’s Bench includes a nice summary of the relevant principles to be applied to applications such as this. It also includes a striking trio of metaphors used to refer to the progress or lack of progress of a lawsuit, the “leisurely pace,” “standstill,” and “drop dead” used in the heading for this post.

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Considered: Maclean’s Second Annual ranking of Canadian Law Schools

PDF Version:  Macleans ranking Canadian law schools

Is this a blessing or a curse? Law school rankings have come to Canada. Brian Leiter was hired by Macleans magazine to design measurement criteria, compile data and rank the schools. This year’s ranking - the second that Leiter has done - has just been published at Macleans (here). In many ways Leiter’s rankings are a useful contribution. As he has suggested of rankings in the US, they may “unleash academic talent and ambition,” (Brian Leiter, “How to Rank Law Schools” (2006) 81 Ind. L.J. 47 at 52) and, as Macleans argues, they might provide prospective students with information about which law school they “will get the most out of.” The measures that he uses also appear generally legitimate. They have the virtue of being not (at least as far as I can imagine) susceptible to the law school gaming that Leiter and William Henderson have been critical of with respect to the US News and World Report analysis (Andrew P. Morriss and William Henderson, “Measuring Outcomes: Post-Graduation Measures of Success in the US News and World Report Law School Rankings”. Having said that, I think there are some points that Leiter might not have fully taken into account in assessing Canadian (as opposed to US) law schools. There are also some weaknesses in the data points.

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Cases Considered: Hi Hotel Limited Partnership v. Holiday Hospitality Franchising Inc., 2008 ABCA 276

PDF Version:  “Not Just Pious Passages”: The Disclosure Requirements of the Franchises Act

In this Court of Appeal decision, three of Alberta’s most experienced justices determined that the disclosure requirements of the Franchises Act, R.S.A. 2000, c. F-23 were indeed required and that “must” meant “must.” The Franchises Act gives franchisees a right to accurate and complete information about franchisors and franchises and backs up that right with the remedy of rescission. The reserved reasons for judgment of Madam Justice Elizabeth McFadyen, concurred in by Madam Justice Carole Conrad, are a restrained seventeen paragraphs long (including statements of the relevant facts and applicable statutory provisions). The much lengthier reserved reasons for judgment of Mr. Justice Jean Côté are a tour de force, providing a thorough review of the policies behind the laws requiring disclosure in the franchising context and thus much fodder for arguments by counsel in future cases. In the end, both sets of reasons recognize the exclusively statutory nature of franchisors’ obligations and franchisees’ remedies.

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Cases Considered: R. v. Caron, 2008 ABPC 232

Caron v. Alberta (Human Rights and Citizenship Commission), 2008 ABCA 272.

PDF Version: La Belle Province? Developments in Alberta Language Rights Cases

On August 18, 2008 the Alberta Provincial Court posted its long awaited decision in the case of Gilles Caron. Caron was charged under an Alberta regulation with making an unsafe left turn, and sought to defend on the basis of a violation of his language rights, arguing that Alberta legislation is invalid because it is not enacted in both English and French. His case was initially fought on the issue of whether he was entitled to an interim costs award to permit him to pursue his constitutional challenge in the absence of funding from the Court Challenges program (see my earlier posts on this issue: Special Enough? Interim Costs and Access to Justice and Stay Of Interim Funding Denied In Language Rights Case). In a 96 page decision written in French, Judge L.J. Wenden of the Alberta Provincial Court found in favour of Caron’s language rights claim and accordingly dismissed his traffic offence (2008 ABPC 232).

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Cases Considered: Walsh v. Mobil Oil Canada, 2008 ABCA 268

PDF Version:  Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?

People often cite the length of time it takes to resolve human rights complaints as a deterrent to making such complaints. Delorie Walsh’s case may be cited as an extreme example. And, if the respondents appeal the current decision to the Supreme Court of Canada, the case might not be over yet.

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