Author Archives: Shaun Fluker

About Shaun Fluker

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

Some Observations about Evidence in the Electronic Age

By: Shaun Fluker PDF Version: Some Observations about Evidence in the Electronic Age Case Commented On: Kon Construction v Terranova Development, 2015 ABCA 249 This Court of Appeal decision concerns a dispute over the performance of a contract. Terranova retained … Continue reading

Posted in Civil Procedure and Evidence | Leave a comment

Fundamental Legal Questions and Standard of Review in Alberta

By: Shaun Fluker PDF Version: Fundamental Legal Questions and Standard of Review in Alberta Case Commented On: Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 The Court of Appeal has issued another strong statement on standard of review and … Continue reading

Posted in Administrative Law | Leave a comment

Does a Privative Clause Completely Oust Judicial Review?

By: Shaun Fluker PDF Version: Does a Privative Clause Completely Oust Judicial Review? Case Commented On: Green v Alberta Teachers’ Association, 2015 ABQB 379 Green v Alberta Teachers’ Association is a short judgment by Justice T.D. Clackson in a judicial … Continue reading

Posted in Administrative Law | Leave a comment

Eligibility for Nomination under the Local Authorities Election Act (Alberta)

By: Shaun Fluker PDF Version: Eligibility for Nomination under the Local Authorities Election Act (Alberta) Case Commented On: Mueller v Oko, 2015 ABCA 194 This short decision from the Court of Appeal considers the challenge by Mueller to the eligibility … Continue reading

Posted in Labour/Employment, Statutory Interpretation | Leave a comment

The Application of stare decisis in Administrative Decision-Making

By: Shaun Fluker PDF Version: The Application of stare decisis in Administrative Decision-Making Case Commented On: Altus Group v Calgary (City), 2015 ABCA 86 In Altus Group v Calgary (City), 2015 ABCA 86, the Alberta Court of Appeal confronts the … Continue reading

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A Missing Issue in the 2015 Alberta Election: Curbing Carbon Emissions

By: Shaun Fluker PDF Version: A Missing Issue in the 2015 Alberta Election: Curbing Carbon Emissions Legislation Commented On: Specified Gas Emitters Regulation, Alta Reg 139/2007 One might think that curbing carbon emissions would be a key topic during an … Continue reading

Posted in Climate Change, Environmental | 2 Comments

Where Are We Going on Standard of Review in Alberta?

By: Shaun Fluker PDF Version: Where Are We Going on Standard of Review in Alberta? Case Commented On: Edmonton East (Capilano) Shopping Centres Limited v Edmonton (City), 2015 ABCA 85 In Edmonton East (Capilano) Shopping Centres Limited v Edmonton (City) … Continue reading

Posted in Administrative Law, Municipal Law | 2 Comments

Proportional Sentencing for Impaired Driving Causing Death: The Tragic Death of Brandon Thomas

By: Shaun Fluker PDF Version: Proportional Sentencing for Impaired Driving Causing Death: The Tragic Death of Brandon Thomas Case Commented On: R v Gibson, 2015 ABCA 41 On the evening of December 6, 2012, Ryan Gibson was intoxicated and driving … Continue reading

Posted in Criminal | Leave a comment

Some Thoughts on the Presumption of Deference under the Dunsmuir Framework in Substantive Judicial Review

By: Shaun Fluker PDF Version: Some Thoughts on the Presumption of Deference under the Dunsmuir Framework in Substantive Judicial Review Case Commented On: Alberta Treasury Branches v Alberta Union of Provincial Employees, 2014 ABQB 737 This is a run-of-the-mill judicial … Continue reading

Posted in Administrative Law, Statutory Interpretation | Leave a comment

Ernst v Alberta Environment: The Gatekeeper Refuses to Strike or Grant Summary Judgment

By: Shaun Fluker PDF Version: Ernst v Alberta Environment: The Gatekeeper Refuses to Strike or Grant Summary Judgment Case Commented On: Ernst v Alberta Environment, 2014 ABQB 672 This short comment adds to the recent posts on ABlawg by Professor … Continue reading

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