ABLawg

Decisions commented on: R v Klayme, 2024 NSPC 4 (CanLII) and R v Klayme, 2026 NSCA 59 (CanLII)

PDF Version: How an Underscore Sent an Innocent Man to Jail

It all began when a mother in Wisconsin, United States, checked her 12-year-old daughter’s phone. What she discovered was horrifying: intimate images and sexually explicit communications with a man who called himself “Jay.” She reported the matter to the police, who seized the phone and extracted 125 messages exchanged through a Kik (social media) messaging account bearing the username fus__ro_dah, with two underscores between “fus” and “ro.”

The Orphan Well Association Annual Report 2025/2026: The Problem with the AER’s Long Run Plan for Orphan Oil and Gas Sites

By Drew Yewchuk

On July 30, 2026

In Energy, Oil & Gas

By: Drew Yewchuk

Matter Commented On: Orphan Well Association Annual Report 2025/2026

PDF Version: The Orphan Well Association Annual Report 2025/2026: The Problem with the AER’s Long Run Plan for Orphan Oil and Gas Sites

On July 15, 2026, the Orphan Well Association (OWA) released their annual report for 2025/2026. OWA annual reports provide insight into Alberta’s orphan oil and gas site problem and the pace at which the problem is being addressed (see the ABLawg posts on past OWA annual reports: 2022/2023; 2023/2024; 2024/2025). The OWA annual report is separate from the Alberta Energy Regulator (AER)’s annual liability management performance reports, which are concerned with the closure liability of oil and gas sites generally in Alberta, most of which still have operating licensees.

A Successor in Title to the Settlor of a Trust (a GRTA) Cannot Apply to Vary That Trust

By Nigel Bankes

On July 28, 2026

In Natural Resources, Oil & Gas

By: Nigel Bankes

Decisions commented on: Montreal Trust Company of Canada v Astl, 2026 ABKB 255 (CanLII) and Montreal Trust Company of Canada v Astl, 2026 ABKB 510 (CanLII).

PDF Version: A Successor in Title to the Settlor of a Trust (a GRTA) Cannot Apply to Vary That Trust

Joint Responsibility Under Alberta’s Mines and Minerals Act

By Nigel Bankes

On July 20, 2026

In Energy, Natural Resources, Oil & Gas

By: Nigel Bankes

Decisions commented on: Terra Energy Corp (Re), 2023 ABKB 236 (CanLII); Alberta (Energy and Minerals) v Spartan Delta Corp, 2026 ABCA 214 (CanLII); Alberta (Energy and Minerals) v Canadian Natural Resources Limited, 2026 ABCA 213 (CanLII)

PDF Version: Joint Responsibility Under Alberta’s Mines and Minerals Act

Alberta’s Mines and Minerals Act, RSA 2000, c M-17 (MMA) refers to the concept of joint responsibility in two places. Both references were added to the MMA in 2003, see SA 2003, c 18. This post reviews three cases that consider these provisions of the MMA: Terra Energy Corp (Re), 2023 ABKB 236 (CanLII) (Terra Energy), Alberta (Energy and Minerals) v Spartan Delta Corp, 2026 ABCA 214 (CanLII) (Spartan Delta), and Alberta (Energy and Minerals) v Canadian Natural Resources Limited, 2026 ABCA 213 (CanLII) (CNRL).

The State of Document Dumping in BC after Acciona

By Thao Nguyen

On July 17, 2026

In Civil Procedure, Evidence

By: Thao Nguyen

Case Commented On: Acciona Wastewater Solutions LP v Greater Vancouver Sewerage and Drainage District, 2025 BCSC 1256 (CanLII).

PDF Version: The State of Document Dumping in BC after Acciona

The discovery process (or discovery) in civil litigation requires parties to disclose, produce, and question relevant evidence or documents related to the litigation’s live issues. Discovery can be an expensive process; therefore, its scope is often narrowed by the proportionality principle. Under the proportionality principle, discovery should be commensurate, or proportionate, to the nature, scope, and complexity of the litigation, as well as the relevance and importance of the disclosed documents to ensure the discovery cost remain at a reasonable level (see The Sedona Conference, “The Sedona Canada Principles Addressing Electronic Discovery” (2022) 23 Sedona Conf J 161 at 165) (the Sedona Principles).