Category Archives: Administrative Law

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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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

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

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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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