Monthly Archives: May 2010

Maintaining space for autonomy? Environmental assessments in the context of aboriginal land claims agreements

PDF version: Maintaining space for autonomy? Environmental assessments in the context of aboriginal land claims agreements Case considered: Quebec (Attorney General) v. Moses, 2010 SCC 17 This is the first decision of the Supreme Court of Canada to examine a modern … Continue reading

Posted in Aboriginal, Environmental, Supreme Court of Canada | Leave a comment

No Dower Act Consent? Is the Transaction Void or Voidable?

PDF version: No Dower Act Consent? Is the Transaction Void or Voidable? Case considered: Charanek v. Khosla, 2010 ABQB 202 The question of whether failure to comply with the Dower Act’s requirements results in the transaction being void or voidable … Continue reading

Posted in Property | 6 Comments

Differential Treatment of Equality Law post-Kapp

PDF version: Differential Treatment of Equality Law post-Kapp  Case considered: Woodward v. Council of the Fort McMurray No. 468 First Nation, 2010 FC 337 There have been several posts on ABlawg concerning the Supreme Court’s most significant equality rights decision … Continue reading

Posted in Aboriginal, Constitutional | Leave a comment

Is a dismissed complainant in a professional disciplinary proceeding sufficiently ‘aggrieved’ to seek judicial review?

PDF version: Is a dismissed complainant in a professional disciplinary proceeding sufficiently ‘aggrieved’ to seek judicial review?  Case considered: Mitten v. College of Alberta Psychologists, 2010 ABCA 159 Many professions governed by statute have a legislated complaint process whereby the … Continue reading

Posted in Administrative Law | Leave a comment

There is Rarely Compensation for the Wrongful Filing of Caveats

PDF version: There is Rarely Compensation for the Wrongful Filing of Caveats Case considered: Singh v. 862500 Alberta Ltd., 2010 ABCA 117 This case may be of interest to some because judgments considering claims for compensation for wrongly filed or … Continue reading

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Questions About the Role of Reasonableness and Mutual Restraining Orders in Family Violence Cases

PDF version: Questions About the Role of Reasonableness and Mutual Restraining Orders in Family Violence Cases  Cases considered: Petropoulos v. Petropoulos, 2010 ABQB 296; Andres v. Andres, 2009 ABQB 26 The Protection Against Family Violence Act, R.S.A. 2000, c. P-27 … Continue reading

Posted in Family, State Responses to Violence | 1 Comment

Lawyer, Not Intervenor

Case considered: R. v. B.P., 2010 ABQB 204 PDF version: Lawyer, Not Intervenor In R. v. B.P., 2010 ABQB 204, Madam Justice Strekaf denied intervenor status to the former lawyer for the appellant accused. The accused had entered a plea … Continue reading

Posted in Criminal, Ethics and the Legal Profession, Intervenors and Standing | Leave a comment

Water management planning and the Crown’s duty to consult and accommodate: the Court of Appeal rejects First Nations’ application for judicial review of the South Saskatchewan Water Management Plan

Case considered: Tsuu T’ina Nation v Alberta (Environment), 2010 ABCA 137 PDF version: Water management planning and the Crown’s duty to consult and accommodate The Court of Appeal, in a reasons for judgement reserved decision written by Justice Clifton O’Brien … Continue reading

Posted in Aboriginal, Water Law | 1 Comment

Filling the Gap: The Proposed “Disposition of Regulated Property Regulation”

Disposition of Regulated Property Regulation (Draft) AR 4570 Draft DRReg 2010 03 31 (available by Email request) PDF version: Filling the Gap: The Proposed “Disposition of Regulated Property Regulation” On March 31, 2010 the Alberta government issued a draft regulation … Continue reading

Posted in Administrative Law, Energy | Leave a comment

Legal costs can be an issue in human rights cases

Case considered: Canadian Human Rights Commission v. Attorney General of Canada, et al., 2009 FCA 309, leave to appeal to Supreme Court of Canada granted, SCC Bulletin April 23, 2010, #33507, 2010 CanLII 20527 PDF version: Legal costs can be … Continue reading

Posted in Costs, Human Rights | 2 Comments