Category Archives: Administrative Law

How much discretion does a regulator have to limit the recovery of a utility’s legal costs?

By: Nigel Bankes PDF Version: How much discretion does a regulator have to limit the recovery of a utility’s legal costs? Case Commented On: ATCO Gas and Pipelines Ltd v Alberta (Utilities Commission), 2014 ABCA 397 In this case the … Continue reading

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Judicial Supervision of the National Energy Board (NEB): The Federal Court of Appeal Defers to the NEB on Key Decisions

By: Nigel Bankes PDF Version: Judicial Supervision of the National Energy Board (NEB): The Federal Court of Appeal Defers to the NEB on Key Decisions Cases Commented On: Forest Ethics Advocacy Association and Donna Sinclair v National Energy Board, 2014 … Continue reading

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The Charter Issue(s) in Ernst: Awaiting Another Day

By: Jennifer Koshan PDF Version: The Charter Issue(s) in Ernst: Awaiting Another Day Case Commented On: Ernst v Alberta (Energy Resources Conservation Board), 2014 ABCA 285 My colleagues Martin Olszynski and Shaun Fluker have posted comments on the Alberta Court … Continue reading

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Access vs Privacy: A Mounting Rivalry

By: Ronaliz Veron PDF Version: Access vs Privacy: A Mounting Rivalry Case Commented On: Covenant Health v Alberta (Information and Privacy Commissioner), 2014 ABQB 562 Covenant Health v Alberta, 2014 ABQB 562, addresses a difficult power struggle that can develop … Continue reading

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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

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Federal Court of Appeal Reviews CEAA “Justification” Determination for Lower Churchill Falls

By: Martin Olszynski PDF Version: Federal Court of Appeal Reviews CEAA “Justification” Determination for Lower Churchill Falls Case Commented On: Council of the Innu of Ekuanitshit v. Canada (Attorney General), 2014 FCA 189 At least three times in the course … Continue reading

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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

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What is the Test for Leave to Appeal from the Decision of a Regulatory Tribunal in Alberta?

By: Nigel Bankes PDF Version: What is the Test for Leave to Appeal from the Decision of a Regulatory Tribunal in Alberta? Case commented on: Judd v Alberta Energy Resources Conservation Board, 2014 ABCA 41 The provincial legislature has chosen … Continue reading

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Shell Jackpine Mine Expansion Project: The Mysterious Case of the Missing Justification

PDF Version: Shell Jackpine Mine Expansion Project: The Mysterious Case of the Missing Justification Document commented on: Decision Statement Issued under Section 54 of the Canadian Environmental Assessment Act, 2012 re: Shell Jackpine Mine Expansion Project (2013 ABAER 011/Decision 2013-011) … Continue reading

Posted in Administrative Law, Energy, Environmental | 1 Comment

Constitutional Questions and the Alberta Energy Regulator

PDF Version: Constitutional Questions and the Alberta Energy Regulator Decisions commented on: (1) ERCB Letter Decision, April 18, 2013, re Fort McKay First Nation, Notice of Question of Constitutional Law; (2) ERCB Letter decision, May 23, 2013, reasons for decision … Continue reading

Posted in Aboriginal, Administrative Law, Constitutional | 4 Comments