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 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

Posted in Administrative Law | Leave a comment

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

Ernst v Alberta (Energy Resources Conservation Board): The gatekeeper is alive and well

By: Shaun Fluker PDF Version: Ernst v Alberta (Energy Resources Conservation Board): The gatekeeper is alive and well Case Commented On: Ernst v Alberta (Energy Resources Conservation Board), 2014 ABCA 285 This comment adds to the earlier post by Martin … Continue reading

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

Divergence at the Court of Appeal on What Amounts to Unreasonable Decision-making

By: Shaun Fluker PDF Version: Divergence at the Court of Appeal on What Amounts to Unreasonable Decision-making Case Commented On: Hunter v College of Physicians & Surgeons of Alberta, 2014 ABCA 262 In this judgment the Court of Appeal reviews … Continue reading

Posted in Administrative Law | Leave a comment

Syncrude v Canada: Where is the gatekeeper when you need one?

By: Shaun Fluker PDF Version: Syncrude v Canada: Where is the gatekeeper when you need one? Case Commented On: Syncrude Canada Ltd v Attorney General of Canada, 2014 FC 776 This post continues on from the introductory comment posted by … Continue reading

Posted in Administrative Law, Climate Change, Environmental | Leave a comment

What Happens When an Insolvent Energy Company Fails to Pay its Rent to a Landowner?

By: Shaun Fluker PDF Version: What Happens When an Insolvent Energy Company Fails to Pay its Rent to a Landowner? Decision commented on: Petroglobe v Lemke, 2014 ABSRB 401 The law in Alberta provides an energy company with the right … Continue reading

Posted in Oil & Gas | 1 Comment