Monthly Archives: May 2010

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

Posted on May 28, 2010 by

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?

Posted on May 27, 2010 by

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

Posted on May 25, 2010 by

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?

Posted on May 21, 2010 by

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

Posted on May 17, 2010 by

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 →

Posted in Property | Leave a comment

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

Posted on May 14, 2010 by

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

Posted on May 10, 2010 by

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

Posted on May 7, 2010 by

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”

Posted on May 5, 2010 by

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

Posted on May 3, 2010 by

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