Author Archives: Shaun Fluker

About Shaun Fluker

B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary). Associate Professor. Please click here for more information.

The Standard of Patent Unreasonableness Lives On

By: Shaun Fluker PDF Version: The Standard of Patent Unreasonableness Lives On Case Commented On: British Columbia (Workers’ Compensation Appeal Tribunal) v Fraser Health Authority, 2016 SCC 25 (CanLII) In its recent British Columbia (Workers’ Compensation Appeal Tribunal) v Fraser Health … Continue reading

Posted in Administrative Law, Supreme Court of Canada | 1 Comment

Court of Queen’s Bench Strikes Prohibition on Pharmacy Inducements in Alberta

By: Shaun Fluker PDF Version: Court of Queen’s Bench Strikes Prohibition on Pharmacy Inducements in Alberta Case Commented On: Sobeys West Inc v Alberta College of Pharmacists, 2016 ABQB 232 In late March I wrote a post commenting on the difficult application … Continue reading

Posted in Administrative Law | 2 Comments

Occupier’s Liability Arises at the Garage Party

By: Shaun Fluker PDF Version: Occupier’s Liability Arises at the Garage Party Case Commented On: Motta v Clark, 2016 ABQB 211 This recent judgment written by Mr. Justice R.J. Hall caught my attention because the facts are a scenario with … Continue reading

Posted in Torts | Leave a comment

Does the Standard of Review Analysis Apply to a Vires Determination of Subordinate Legislation?

By: Shaun Fluker PDF Version: Does the Standard of Review Analysis Apply to a Vires Determination of Subordinate Legislation? Case Commented On: Sobeys West Inc v Alberta College of Pharmacists, 2016 ABQB 138 The substance of the dispute in this … Continue reading

Posted in Administrative Law | Leave a comment

The Public Interest Exception to the Normal Costs Rule in Litigation

By: Shaun Fluker PDF Version: The Public Interest Exception to the Normal Costs Rule in Litigation Case Commented On: Gendre v Fort Macleod, 2016 ABQB 111 This judgment by Madam Justice K.D. Nixon touches on the public interest exception to … Continue reading

Posted in Access to Justice, Costs | Leave a comment