Monthly Archives: June 2009

Lame duck constitutional arguments: a new twist on Syncrude’s Tailings Pond Debacle

PDF version: Lame duck constitutional arguments: a new twist on Syncrude’s Tailings Pond Debacle The dead duck saga continues. In a previous post on ABlawg (R. v. Syncrude Canada: The Case of The 500 Dead Ducks), Shaun Fluker left off … Continue reading

Posted in Environmental | 1 Comment

Court of Appeal rejects the constructive trust analysis in Brookfield

Case considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2009 ABCA 99, reversing 2008 ABQB 444 PDF version:  Court of Appeal rejects the constructive trust analysis in Brookfield The Court of Appeal by a 2:1 majority (Justices … Continue reading

Posted in Oil & Gas, Remedies | Leave a comment

Successful application for summary dismissal in an oil and gas lease validity case

Case considered: Desoto Resources Limited v Encana Corporation, 2009 ABQB 337 PDF version: Successful application for summary dismissal in an oil and gas lease validity case In this case Jodie L. Mason, Master in Chambers, granted summary dismissal of an … Continue reading

Posted in Oil & Gas | Leave a comment

Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries

Case considered: Morrow v. Zhang, 2009 ABCA 215, overturning 2008 ABQB 98 PDF version: Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries Last February, Associate Chief Justice Neil Wittmann of the Alberta Court of Queen’s … Continue reading

Posted in Constitutional, Insurance Law | 2 Comments

Enforcing a Montana Judgment in Alberta: A Perilous Pursuit?

Case considered: Laasch v. Turenne, 2009 ABQB 267 PDF version: Enforcing a Montana Judgment in Alberta: A Perilous Pursuit A Montana resident secures a large money judgment in his or her home state. The judgment creditor needs to enforce that … Continue reading

Posted in Conflict of Laws | Leave a comment

Queen’s Bench Follows Business Watch rather than Kellogg, Brown and Root Regarding Jurisdiction of Privacy Commissioner

Case considered: Edmonton Police Service v. Alberta (Information and Privacy Commissioner), 2009 ABQB 268 PDF version: Queen’s Bench Follows Business Watch rather than Kellogg, Brown and Root Regarding Jurisdiction of Privacy Commissioner In an earlier post on Kellogg, Brown and Root … Continue reading

Posted in Administrative Law, Privacy | 1 Comment

Has a recent Queen’s Bench decision put the damper on future complaints of privacy breaches in Alberta, especially in the health care setting?

Case considered: Lycka v. Alberta (Information and Privacy Commissioner) and Jane Doe, 2009 ABQB 245 PDF version: Has a recent Queen’s Bench decision put the damper on future complaints of privacy breaches in Alberta, especially in the health care setting? … Continue reading

Posted in Administrative Law, Health Law, Privacy | 5 Comments

After Dunsmuir: The Alberta Court of Appeal’s Identification and Application of Standard of Review May 2008-May 2009

Case considered: Dunsmuir v. New Brunswick, 2008 SCC 9 PDF version: After Dunsmuir: The Alberta Court of Appeal’s Identification and Application of Standard of Review May 2008-May 2009 For a recent session of the Canadian Bar Association’s administrative law sub-section … Continue reading

Posted in Administrative Law | Leave a comment

Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference

Case considered: Berger v. Alberta (Energy Resources Conservation Board), 2009 ABCA 158  PDF version: Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference The Court of Appeal routinely decides applications for leave … Continue reading

Posted in Administrative Law, Natural Resources | Leave a comment

The perils of selling the same property twice (with an aside on styles of appellate decision-making)

Case considered: Castledowns Law Office Management Ltd. v. FastTrack Technologies Inc., 2009 ABCA 148 PDF version: The perils of selling the same property twice (with an aside on styles of appellate decision-making) This was a dispute between two purchasers of … Continue reading

Posted in Appellate Practice, Contracts, Property | 1 Comment