Category Archives: Access to Justice

No (Soup) Practice For You!

PDF version: No (Soup) Practice For You! Case considered: Lameman v Alberta, 2012 ABCA 59 Introduction On March 1, 2012 the Alberta Court of Appeal upheld the judgment of Justice Yamauchi dismissing the application of the Beaver Lake Cree Nation … Continue reading

Posted in Access to Justice | 3 Comments

In forma pauperis: A Constitutional Right to Access to Justice

PDF version: In forma pauperis: A Constitutional Right to Access to Justice Case commented on: Toronto Dominion Bank v. Beaton, 2012 ABQB 125 Access to justice is a hot topic: it is the stuff of judicial speeches; test case litigation; … Continue reading

Posted in Access to Justice, Constitutional | 1 Comment

“The proof of the pudding is in the eating” that litigation is not the best way to quantify interim costs.

PDF version: “The proof of the pudding is in the eating” that litigation is not the best way to quantify interim costs. Case considered: R v Caron, 2011 ABCA 385 Gilles Caron has been a very present figure before the … Continue reading

Posted in Access to Justice, Civil Procedure and Evidence, Constitutional | 1 Comment

Cost Decision from Canadian Human Rights Commission Case: Implications for Albertans

PDF version: Cost Decision from Canadian Human Rights Commission Case: Implications for Albertans  Decision considered: Canadian Human Rights Commission v Canada (AG), 2011 SCC 53 (“Mowat“) The Supreme Court of Canada’s (“SCC”) decision about costs in the Mowat case was … Continue reading

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A New Concord Between Bar and Academy? The Governor General’s Speech to the Canadian Bar Association

PDF version: A New Concord Between Bar and Academy? The Governor General’s Speech to the Canadian Bar Association It is hardly an everyday occurrence for a viceroy to call publicly for a meeting with law deans to talk about legal … Continue reading

Posted in Access to Justice, Ethics and the Legal Profession | 1 Comment

Unauthorized practice and access to justice

PDF version: Unauthorized practice and access to justice  Case considered: Lameman v Alberta, 2011 ABQB 396 The Beaver Lake Cree Nation have commenced an action against the federal and provincial Crowns claiming that their treaty rights have been infringed by … Continue reading

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No Advance Costs Awarded on Charter Application

PDF version: No Advance Costs Awarded on Charter Application Case considered: D.W.H. v D.J.R., 2011 ABQB 119 Mr. H. and Mr. R. lived together as partners and planned to have a baby through a surrogate mother. The baby lived with … Continue reading

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French Language Rights in Alberta Get a Boost

PDF version: French Language Rights in Alberta Get a Boost  Case considered: R v Pooran; R v Vaillant, 2011 ABPC 77 Significant consequences can arise from what might otherwise have appeared to be just another mundane case; in this instance, … Continue reading

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Access to Justice and Human Rights Cases

PDF version: Access to Justice and Human Rights Cases  Case Considered: McClary v Geophysical Services Inc., 2011 ABQB 112 Not being able to afford legal representation occurs quite frequently in civil and criminal legal cases. Some individuals choose to self-represent-either … Continue reading

Posted in Access to Justice, Administrative Law, Human Rights | 2 Comments

Interim Costs and Access to Justice at the Supreme Court of Canada

PDF version: Interim Costs and Access to Justice at the Supreme Court of Canada  Case considered: R. v. Caron, 2011 SCC 5 The Supreme Court recently upheld the Alberta Court of Appeal decision in R. v. Caron, 2009 ABCA 34. … Continue reading

Posted in Access to Justice, Constitutional, Costs, Supreme Court of Canada | 1 Comment