Monthly Archives: January 2010

The Environmental Appeal Board confirms Alberta Environment’s decision to reject the application of municipality to obtain additional water from a well

Case considered: Municipality of Crowsnest Pass v. Director, Southern Region, Environmental Management, Alberta Environment (23 December 2009), Appeal No. 08-016-R (A.E.A.B.). PDF version:   The Environmental Appeal Board confirms Alberta Environment’s decision to reject the application of municipality to obtain additional water … Continue reading

Posted in Environmental, Water Law | Leave a comment

Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed?

Case considered: Budget Waste Inc., Re, 2009 ABQB 752. PDF version: Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed? LoVecchio J.’s decision in Budget Waste Inc., Re (“Budget Waste“) is a great example of the questions courts … Continue reading

Posted in Bankruptcy and Insolvency, Creditors’ Remedies | Leave a comment

The Summary Judgment Exception to the Stay of Proceedings in Favour of Arbitration

Case considered: Balancing Pool v. TransAlta Utilities Corporation, 2009 ABQB 631 PDF version: The Summary Judgment Exception to the Stay of Proceedings in Favour of Arbitration A recent decision by Chief Justice Neil C. Wittmann resolves two outstanding issues with … Continue reading

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My Vote for R. v. Hape as a Significant Legal Case of the Decade

Case considered: R. v. Hape, 2007 SCC 26 PDF version: My Vote for R. v. Hape as a Significant Legal Case of the Decade When the R. v. Hape case was released at the Supreme Court of Canada, there was some … Continue reading

Posted in Constitutional, International Law, Supreme Court of Canada | Leave a comment

The ten biggest legal and regulatory developments for the oil and gas sector from the first decade of the new millenium

PDF version:  The ten biggest legal and regulatory developments for the oil and gas sector from the first decade of the new millenium Unlike my colleagues I was not prepared to plump for just one case or event and so here … Continue reading

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The Animal Keepers Act: Perennial Problems of Priority

Case considered: Rachar v. Litvak, 2009 ABQB 441 PDF version: The Animal Keepers Act: Perennial Problems of Priority This is the first case to consider the Animal Keepers Act, S.A. 2005, c. A-40.5, a piece of legislation which came into … Continue reading

Posted in Civil Procedure and Evidence, Property | Leave a comment

The Nothing that is: The leading environmental law case of the past decade

PDF version: The Nothing that is: The leading environmental law case of the past decade The most important judicial decision in environmental law from Alberta courts (or the Supreme Court of Canada for that matter) during the last decade is precisely … Continue reading

Posted in Environmental | 6 Comments

A Vote for R. v. Kapp as the Leading Equality Case of the Past Decade

PDF version:  A Vote for R. v. Kapp as the Leading Equality Case of the Past Decade R. v. Kapp, 2008 SCC 41 is my nominee for the most significant case of the Aughts decade in the equality rights area. … Continue reading

Posted in Constitutional, Supreme Court of Canada | Leave a comment

Provincial Court royalty calculation decision

Case considered: Lyatsky Geoscience Research and Consulting Ltd v. Geocan Energy Inc, 2009 ABPC 392 PDF version: Provincial Court royalty calculation decision Very few oil and gas contract matters come before the Provincial Court, principally because of the cap of $25,000 … Continue reading

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ERCB decision on an acid gas disposal scheme: further lessons for the regulation of carbon capture and storage schemes

Case considered: Re: AltaGas Ltd, Applications for Two Pipeline Licences, An Amendment to a Facility Licence, and Approval for an Acid Gas Disposition Scheme, Pouce Coupe Field, ERCB Decision 2009-073 PDF version: ERCB decision on an acid gas disposal scheme: further … Continue reading

Posted in Carbon Capture and Storage, Oil & Gas | Leave a comment