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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.

Roommates Without Remedies: Co-Tenancy and the Limits of Alberta’s Residential Tenancies Act

By: Georgia Saunders-McConomy

Report Commented On: Alberta Law Reform Institute, Residential Tenancies Act: General Issues, Issue Paper 6; and Alberta Law Reform Institute, Residential Tenancies Act, Issue Paper 7.

PDF Version: Roommates Without Remedies: Co-Tenancy and the Limits of Alberta’s Residential Tenancies Act

Shared living arrangements often give rise to unique challenges, particularly disputes between tenants. Interpersonal conflicts between roommates can impact a tenant’s well-being and housing stability. Conflicts can stem from lifestyle differences, financial pressures, or disputes over shared responsibilities. These issues can become even more complicated when tenants occupy a rental unit under a single tenancy agreement.

Does the Federal Court have Jurisdiction to Review a Decision of an Insolvency Trustee?

By: Jassmine Girgis

Case Commented On: GCMR Contracting Inc v MNP Ltd, 2026 FC 468 (CanLII)

PDF Version: Does the Federal Court have Jurisdiction to Review a Decision of an Insolvency Trustee?

In GCMR Contracting Inc v MNP Ltd, 2026 FC 468 (CanLII), the Federal Court considered whether it has jurisdiction to hear an appeal of a decision by an insolvency trustee to approve or disallow a creditor’s claims. In a short decision, the judge determined that the Federal Court did not have such jurisdiction.

Limitations Laws and Gender-Based Violence Torts

By: Jennifer Koshan

Case Commented On: LeClair v MacDonald, 2026 NSCA 18 (CanLII)

PDF Version: Limitations Laws and Gender-Based Violence Torts

The Supreme Court of Canada is currently considering whether to accept a new tort of family violence. Ahluwalia v Ahluwalia was argued in February 2025 and the Court’s decision is anxiously awaited by family law and torts lawyers and professors, anti-violence advocates, and survivors of family violence. As Deanne Sowter and I wrote in an ABlawg post in September 2023, this new tort was initially recognized by the Ontario Superior Court and then rejected by the Ontario Court of Appeal (see Ahluwalia v Ahluwalia2022 ONSC 1303 (CanLII)2023 ONCA 476 (CanLII)). The Court of Appeal’s rationale was that the existing torts of assault, battery, and intentional infliction of mental distress (IIMD) covered the conduct at issue in Ahluwalia, so it was unnecessary to recognize a new tort. Courts in Alberta have followed the ONCA decision and denied claims for the tort of family violence where other torts were available (see e.g. Colenutt v Colenutt2023 ABKB 562 (CanLII)).

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