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Bitcoin Real Property Law

By: Nigel Bankes

Decision Commented On: Flowers v Persist Oil and Gas Inc, 2026 ABCA 172 (CanLII)

PDF Version: Bitcoin Real Property Law

In this decision, Alberta’s Court of Appeal has confirmed Justice Christopher Rickard’s decision of the Court of King’s Bench on this matter. 2025 ABKB 142 (CanLII). Both levels of court concluded that neither a surface lease nor a right of entry order provide the operator with the necessary proprietary authorization to run a bitcoin mining operation on the leased lands using natural gas from a compressor located on the lands and licensed by the Alberta Energy Regulator (AER). I refer readers to my ABlawg post on Justice Rickard’s decision for a more detailed examination of the background as well as two related decisions of Alberta’s Land and Property Rights Tribunal.

Can a Landlord Double Your Rent?

By: Susan Emam

Report Commented On: Alberta Law Reform Institute, Residential Tenancies Act: Before and During a Tenancy, Issue Paper 7

PDF Version: Can a Landlord Double Your Rent?

Imagine that you are currently a tenant who has been renting an apartment for $825 per month. You have been paying the same monthly rent since 2016. One day, your landlord serves you with a three-month notice of rent increase, which raises your rent to $1,650. Facing a 100% increase in rent, you believe that you are being economically evicted because you are unable to pay the rent. These are the facts of Re 24012190, 2024 ABRTDRS 20 (CanLII), a 2024 decision of the Residential Tenancy Dispute Resolution Service (RTDRS), a tribunal that can resolve certain kinds of disputes between landlords and tenants.

When is a Citizen Initiative Petition a Dead Parrot?

By: Nigel Bankes

Decisions Commented On: Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 375 (CanLII) and Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 278 (CanLII).

PDF Version: When is a Citizen Initiative Petition a Dead Parrot?

In the main decision that is the subject of this post, Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 375 (CanLII) (ACFN) Justice Shaina Leonard of the Court of King’s Bench quashed the decision of Alberta’s Chief Electoral Officer (CEO) to issue an initiative petition to Mr. Mitch Sylvestre (the Proponent) under the Citizen Initiative Act, SA 2021, c C-13.2 (the CIA) on January 2, 2026. Sylvestre’s petition was a constitutional referendum proposal within the meaning of the CIA. The petition aimed to gather affirmative signatures for the following question: “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?”

Rescous and Pound-Breach: Re-Discovering Two Archaic Statutory Torts in Alberta

By: Joe Sellman

Decisions Commented On: Alberta Law Reform Institute, Residential Tenancies: Distress for Rent, Final Report 122; Distress for Rent Act (England), 1689 2 Will & Mar, c 5

PDF Version: Rescous and Pound-Breach: Re-Discovering Two Archaic Statutory Torts in Alberta

If, upon hearing “pound-breach”, your mind conjures images of a dog escape reminiscent of The Great Escape or Chicken Run, you are not alone and you’re not entirely wrong.

The Next Installment in the Continuing Debate Over Pore Space Conflict in Alberta

By: Nigel Bankes

Decisions Commented On: (1) Request for a Regulatory Appeal by E3 Lithium Ltd. (E3), April 14, 2026; (2) Request for a Regulatory Appeal by PrairieSky Royalty Ltd. (PrairieSky), April 14, 2026; and (3) Request for Regulatory Appeal by Canpar Holdings Ltd. (Canpar), April 14, 2026

PDF Version: The Next Installment in the Continuing Debate Over Pore Space Conflict in Alberta

On July 30, 2025, the Alberta Energy Regulator (AER) granted an application from Enhance Energy Inc. (Enhance) for a CO2 sequestration scheme approval under s 39(1)(d) of the Oil and Gas Conservation Act, RSA 2000, c O-6 (OGCA) for Enhance’s Origins Project. The AER granted Enhance its approval without holding a public hearing. The approval is available here. Enhance anticipates the sequestered CO2 will result in a 4 km plume radius, up to a maximum radius of 5.6 km.

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