Author Archives: Shaun Fluker

About Shaun Fluker

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

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

Chronicles of the Canadian High Court of Environmental Justice: Canadian Parks and Wilderness Society v Maligne Tours

By: Shaun Fluker PDF Version: Chronicles of the Canadian High Court of Environmental Justice: Canadian Parks and Wilderness Society v Maligne Tours Case Commented On: Canadian Parks and Wilderness Society v Maligne Tours, 2016 FC 148 In a decision issued … Continue reading

Posted in Environmental | 2 Comments

Habitat Protection for the Westslope Cutthroat Trout in Alberta

By: Shaun Fluker PDF Version: Habitat Protection for the Westslope Cutthroat Trout in Alberta Matter Commented On: Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order, SOR/2014-241 (November 20, 2015) On December 2, 2015, the Minister … Continue reading

Posted in Protection of Species | 1 Comment

Impaired Driving and Approved Screening Devices

By: Shaun Fluker, Elliot Holzman, and Ian Pillai PDF Version: Impaired Driving and Approved Screening Devices Case Commented On: Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46; Wilson v British Columbia (Superintendent of Motor Vehicles), 2015 SCC … Continue reading

Posted in Constitutional, Criminal, Statutory Interpretation, Supreme Court of Canada | Leave a comment

Court of Appeal Affords Deference to Alberta Securities Commission in Platinum Equities Case

By: Shaun Fluker PDF Version: Court of Appeal Affords Deference to Alberta Securities Commission in Platinum Equities Case Case Commented On: Alberta (Securities Commission) v Chandran, 2015 ABCA 323 In February 2014 the Alberta Securities Commission found that Shariff Chandran … Continue reading

Posted in Administrative Law, Securities | Leave a comment

What Happens When an Insolvent Energy Company Fails to Pay its Surface Rent to a Landowner? Part 2

By: Shaun Fluker PDF Version: What Happens When an Insolvent Energy Company Fails to Pay its Surface Rent to a Landowner? Part 2 Cases Commented On: PetroGlobe Inc v Lemke, 2015 ABSRB 740; Portas v PetroGlobe Inc, 2015 ABSRB 708; … Continue reading

Posted in Oil & Gas | 1 Comment

The Fundamentals of Tribunal Standing and Bootstrapping in Judicial Review

By: Shaun Fluker PDF Version: The Fundamentals of Tribunal Standing and Bootstrapping in Judicial Review Case Commented On: Ontario (Energy Board) v Ontario Power Generation Inc., 2015 SCC 44 In Ontario (Energy Board) v Ontario Power Generation Inc. the Supreme … Continue reading

Posted in Administrative Law, Supreme Court of Canada | Leave a comment

The Niqab, the Oath of Citizenship, and the Blurry Line between Law and Policy

By: Shaun Fluker PDF Version: The Niqab, the Oath of Citizenship, and the Blurry Line between Law and Policy Case Commented On: Canada (Citizenship and Immigration) v Ishaq, 2015 FCA 194 Canada (Citizenship and Immigration) v Ishaq involves a challenge … Continue reading

Posted in Immigration and Refugee Law | 1 Comment