Comments on: A rare species of tort in the Spray Valley: Abuse of public office http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/ Thu, 17 May 2012 19:26:56 +0000 http://wordpress.org/?v=2.3.3 By: Shaun Fluker http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-93376 Shaun Fluker Wed, 05 May 2010 17:28:00 +0000 http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-93376 The Court of Appeal dismissed the appeal today (Genesis Land Development v. Alberta, 2010 ABCA 148), ruling that the trial judge properly granted summary judgement on the claim of abuse of public office. The Court of Appeal dismissed the appeal today (Genesis Land Development v. Alberta, 2010 ABCA 148), ruling that the trial judge properly granted summary judgement on the claim of abuse of public office.

]]> By: Chris Williams http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-62526 Chris Williams Sun, 24 May 2009 16:55:09 +0000 http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-62526 As one of the only two people who actually live on the Smith-D, I am thrilled with the approach the government made back in 2000. When you live on this road and drive it multiple times a week, experience the wildlife which is free to be wild up here (drive down the road in the early morning in winter to see all the tracks on the the snow dusted road), the amazing vistas, untold hiking and snowshoeing trails - it is truly a privilige. Development in general has destroyed too many beautiful spots over the eagerness of development and profit, and it is such a pleasure to see what has been preserved in the Spray Lake area - thanks! As one of the only two people who actually live on the Smith-D, I am thrilled with the approach the government made back in 2000. When you live on this road and drive it multiple times a week, experience the wildlife which is free to be wild up here (drive down the road in the early morning in winter to see all the tracks on the the snow dusted road), the amazing vistas, untold hiking and snowshoeing trails - it is truly a privilige. Development in general has destroyed too many beautiful spots over the eagerness of development and profit, and it is such a pleasure to see what has been preserved in the Spray Lake area - thanks!

]]> By: Shaun Fluker http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-62175 Shaun Fluker Wed, 20 May 2009 21:31:01 +0000 http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-62175 I should clarify that my intention in the last paragraph is to agree with the outcome for the Spray Valley - ie. no resort - in this matter. As you've noted Daniel, in regards to the legal outcome here I do suggest the possibility of a triable issue based on my recollection of past events. However from reading the decision it seems to me the evidence on public opinion is significant and working against Genesis here. I should clarify that my intention in the last paragraph is to agree with the outcome for the Spray Valley - ie. no resort - in this matter. As you’ve noted Daniel, in regards to the legal outcome here I do suggest the possibility of a triable issue based on my recollection of past events. However from reading the decision it seems to me the evidence on public opinion is significant and working against Genesis here.

]]> By: Daniel Carroll, Q.C. http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-62154 Daniel Carroll, Q.C. Wed, 20 May 2009 16:36:59 +0000 http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-62154 Let me declare my status up front: I am counsel for Genesis, having filed the lawsuit discussed above and defended the summary dismissal application brought by the Defendants, Gary Mar and the Province of Alberta. Genesis fully understood the concerns raised at the time: the projects had to meet the strictest of environmental requirements if they were to proceed. That was what the Environmental Impact Assessment process was to be all about. Of note, comprehensive Terms of Reference for the EIA had been approved by the Province just two short weeks before Minister Mar's decision. Throughout, Genesis has only asked for due process and the fair opportunity to rise to the challenge. The Orders issued by Minister Mar short circuited that. This is an interesting case where politics and law intersect -- here the Court was being asked to hold a politician accountable in law for his decisions. Mr. Fluker, you make reference to the circumstantial evidence and comment: "there is some truth to what Genesis alleged in this case." As you know, the test for summary dismissal is that there be "no genuine issue of material fact requiring trial", i.e. no triable issue. If there is indeed some truth to the allegations, which Genesis certainly believes, then Genesis took the position that it ought to be given the opportunity to proceed to trial. And you would seem to agree. Let me declare my status up front: I am counsel for Genesis, having filed the lawsuit discussed above and defended the summary dismissal application brought by the Defendants, Gary Mar and the Province of Alberta.

Genesis fully understood the concerns raised at the time: the projects had to meet the strictest of environmental requirements if they were to proceed. That was what the Environmental Impact Assessment process was to be all about. Of note, comprehensive Terms of Reference for the EIA had been approved by the Province just two short weeks before Minister Mar’s decision.

Throughout, Genesis has only asked for due process and the fair opportunity to rise to the challenge. The Orders issued by Minister Mar short circuited that. This is an interesting case where politics and law intersect — here the Court was being asked to hold a politician accountable in law for his decisions.

Mr. Fluker, you make reference to the circumstantial evidence and comment: “there is some truth to what Genesis alleged in this case.” As you know, the test for summary dismissal is that there be “no genuine issue of material fact requiring trial”, i.e. no triable issue. If there is indeed some truth to the allegations, which Genesis certainly believes, then Genesis took the position that it ought to be given the opportunity to proceed to trial. And you would seem to agree.

]]> By: Jennifer Koshan http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-62091 Jennifer Koshan Tue, 19 May 2009 23:38:40 +0000 http://ablawg.ca/2009/05/19/a-rare-species-of-tort-in-the-spray-valley-abuse-of-public-office/#comment-62091 Shaun, your comment about the "goodwill gesture to offset controversial amendments" makes me think of another recent occurrence of this political trick in Alberta. Lindsay Blackett has admitted that the controversial amendments to human rights legislation proposed in Bill 44, which would permit parents to remove their children from classrooms where they deem the content offensive, was added to appease those who will be upset that sexual orientation is finally being explicitly added to the legislation. See http://www.theglobeandmail.com/servlet/story/RTGAM.20090518.wrights18art2221/BNStory/National/ Shaun, your comment about the “goodwill gesture to offset controversial amendments” makes me think of another recent occurrence of this political trick in Alberta. Lindsay Blackett has admitted that the controversial amendments to human rights legislation proposed in Bill 44, which would permit parents to remove their children from classrooms where they deem the content offensive, was added to appease those who will be upset that sexual orientation is finally being explicitly added to the legislation. See http://www.theglobeandmail.com/servlet/story/RTGAM.20090518.wrights18art2221/BNStory/National/

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