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

By: Jennifer Koshan PDF Version: Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries Case Commented On: Morrow v Zhang, 2009 ABCA 215, overturning 2008 ABQB 98 Last February, Associate Chief Justice Neil Wittmann of the … 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