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Year: 2009 Page 15 of 24

Opportunity Lost

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On May 27, 2009

In Ethics and the Legal Profession

Case considered: Hughes (Estate) v. Brady, 2009 ABCA 187

PDF version: Opportunity Lost

In an earlier post (Conflicting Interests, Conflicting Judgments and the Ethical Obligations of Lawyers and Judges) I commented on Justice Alan Macleod’s dismissal in part of Lawrence Hughes’ lawsuit against Shane Brady and David Gnam. Mr. Hughes’ lawsuit was brought in his capacity as the Administrator ad litem of the estate of his daughter Bethany Hughes, who died of cancer in 2002. Bethany Hughes was a mature minor and had been raised as a Jehovah’s Witness. Ms. Hughes sought to resist blood transfusions necessary for the treatment of her cancer. She was unsuccessful in doing so because it was found by Justice Adele Kent that she had been subject to undue influence from those around her, such that she could not make an independent and informed choice about the matter (B.H. (Next friend of) v. Alberta (Director of Child Welfare), 2002 ABQB 371). Mr. Hughes’ lawsuit was based on a number of allegations against Mr. Gnam, Mr. Brady, the Watch Tower Bible and Tract Society of Canada and others. Mr. Hughes alleged, inter alia, that Mr. Gnam and Mr. Brady had been in an improper conflict of interest in their representation of Ms. Hughes and that they had violated obligations of confidentiality owed to her.

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Costs Take Centre Stage in Human Rights Case

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On May 21, 2009

In Human Rights

Case considered: Alberta (Human Rights and Citizenship Commission Panel) v. Tequila Bar & Grill Ltd., 2009 ABQB 226

PDF version: Costs Take Centre Stage in Human Rights Case

The issue of costs does not normally merit discussion in a blog. However, in the Tequila Bar & Grill case, the Respondent raises some interesting arguments about costs that speak to the multiple functions of the Human Rights and Citizenship Commission (“Commission”).

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Does the Punishment Fit the “Crime”?

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On May 20, 2009

In Administrative Law

Case considered: Bishop v. Alberta College of Optometrists, 2009 ABCA 175

PDF version: Does the Punishment Fit the “Crime”?

A hearing tribunal of the Alberta College of Optometrists found Dr. Donald Bishop guilty of professional misconduct due to billing infractions. Dr. Bishop appealed the decision to a panel of the Council of the Alberta College of Optometrists (the “Council”) and to the Court of Appeal, both of which upheld the decision, largely on factual grounds.

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A rare species of tort in the Spray Valley: Abuse of public office

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On May 19, 2009

In Environmental, Torts

Case considered: Genesis Land Development Corp. v. Alberta, 2009 ABQB 221

PDF version: A rare species of tort in the Spray Valley: Abuse of public office

My work in environmental law began in the late 1990s as part of the opposition to a mountain resort proposed by a land company based in Calgary – Genesis Land Developers – to be located along the eastern boundary of Banff National Park in the Spray Valley. In the planning stages since the 1960s, this resort proposal had only partial regulatory approval by 1998 when its legal ownership was acquired by Genesis. The subsequent Genesis development proposal consisted of a four-season mountain resort in the Spray Valley, including a tour boat operation on Spray Lakes, helicopter and cat-assisted skiing on Tent Ridge, and a 400 bed accommodation facility. Of these three components, the boating operation was essentially approved when Genesis acquired ownership of the proposal. The regulatory approval process was in full swing until May 31, 2000, when the Government of Alberta announced the project would not be approved and the Spray Valley would be designated as a provincial park. This turn of events led to the current proceedings.

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A Rock and a Hard Place

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On May 19, 2009

In Administrative Law, Energy

Case considered: ATCO Gas and Pipelines Ltd. v. Alberta (Energy and Utilities Board), 2009 ABCA 171

PDF version: A Rock and a Hard Place

In its 2006 decision in ATCO Gas and Pipelines Ltd. v. Alberta (Energy and Utilities Board), 2006 SCC 4, the Supreme Court of Canada held that the Alberta Energy and Utilities Board (EUB, now the Alberta Utilities Commission) had no jurisdiction to allocate proceeds on the sale of a utility asset to ratepayers where the sale of that asset resulted in no harm to ratepayers in terms of either rates or service. For a bare majority of the Court, Justice Bastarache held that the rights to assets rest without qualification with the utility.

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