Category Archives: Administrative Law

For Shame: An Obvious and Fundamental Breach of Natural Justice by the Residential Tenancies Dispute Resolution Service (RTDRS)

By: Jonnette Watson Hamilton PDF Version: For Shame: An Obvious and Fundamental Breach of Natural Justice by the Residential Tenancies Dispute Resolution Service (RTDRS) Case Commented On: Kerr v Coulombe, 2016 ABQB 11 (CanLII) A tenant, Gary Kerr, showed up … Continue reading

Posted in Administrative Law, Landlord/Tenant | 1 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

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 Governor in Council Occasions Change and Delay in the National Energy Board’s Review of the Trans Mountain Pipeline Expansion Project: The Curious Case of PC 2015-1137

By: Kirk Lambrecht, Q.C. PDF Version: The Governor in Council Occasions Change and Delay in the National Energy Board’s Review of the Trans Mountain Pipeline Expansion Project: The Curious Case of PC 2015-1137 Matter Commented On: Order in Council PC … Continue reading

Posted in Administrative Law, Energy, Natural Resources | 2 Comments

Fundamental Legal Questions and Standard of Review in Alberta

By: Shaun Fluker PDF Version: Fundamental Legal Questions and Standard of Review in Alberta Case Commented On: Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 The Court of Appeal has issued another strong statement on standard of review and … Continue reading

Posted in Administrative Law | Leave a comment

Does a Privative Clause Completely Oust Judicial Review?

By: Shaun Fluker PDF Version: Does a Privative Clause Completely Oust Judicial Review? Case Commented On: Green v Alberta Teachers’ Association, 2015 ABQB 379 Green v Alberta Teachers’ Association is a short judgment by Justice T.D. Clackson in a judicial … Continue reading

Posted in Administrative Law | Leave a comment

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

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 | 3 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

Posted in Administrative Law, Statutory Interpretation | Leave a comment

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

Posted in Administrative Law, Energy, Utility Regulation | Leave a comment