Year: 2009 Page 8 of 24

Case considered: R. v. Caron, 2009 ABCA 34, leave granted by SCC August 27, 2009

The Supreme Court of Canada has released its decision on the Alberta government’s leave to appeal application in R. v. Caron. Chief Justice McLachlin and Justices Abella and Rothstein granted the government’s leave application (without costs). As is typical in such matters, no reasons for decision were given. The case concerns an interim costs award that was granted to Caron to help fund his language rights challenge against Alberta legislation. As noted in a previous post, Caron was granted an interim costs award by Justice V.O. Ouellette of the Alberta Court of Queen’s Bench in October 2007. This award was upheld by the Alberta Court of Appeal in January 2009. In the meantime, Caron’s language rights challenge was successful after his Provincial Court trial, and this matter is now under appeal. Regardless of the outcome of the language rights challenge, the interim costs matter is a critical issue for access to justice. The Alberta Court of Appeal held that interim costs awards are available in quasi-criminal matters before provincial courts, and it is expected that this will be one of the government’s grounds for appeal. ABlawg will report on future developments in the case.

A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act

By Jennifer Koshan

On August 21, 2009

In Civil Procedure, Evidence, Family, State Responses to Violence

Cases Considered: J.S. v. D.J.K., 2009 ABQB 426.

PDV Version: A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act

Justice Donald Lee is a prolific author of judgments posted to the Alberta Courts website, and one of the only Alberta judges to post decisions made under the Protection Against Family Violence Act, R.S.A. 2000, c. P-27 (PAFVA) (see my earlier post Family Violence Cases in Alberta: A Snapshot). In one of his recent decisions, Justice Lee helpfully clarifies the evidentiary requirements for hearings to confirm emergency protection orders made under the PAFVA.

Controlling Entry into the Marketplace in Order to Exercise of Freedom of Religion

By Jonnette Watson Hamilton

On August 17, 2009

In Constitutional

Cases Considered: Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37

PDF Version: Controlling Entry into the Marketplace in Order to Exercise of Freedom of Religion

In “Minority-Majority Relations and Economic Interdependence” (1960) 27(4) Phylon 367, Calvin Redekop and John A. Hostetler predicted that the Hutterian Brethren would survive because they controlled their entry into the marketplace. In this post I will briefly describe the nature of the religious beliefs of the Hutterian Brethren, but only to the extent necessary to understand the impact the Supreme Court of Canada decision in Alberta v. Hutterian Brethren of Wilson Colony might have. Next, I will set out the arguments of Redekop and Hostetler and then I will use their points to explain how the Supreme Court’s decision takes away this control from the more conservative colonies within the Hutterian Brethren Church and thus jeopardizes the sect’s survival.

Solicitor-Client Privilege in Westra and Wyoming – Artificial Linguistic Pigeonholes and the Inappropriate Prioritization of Truth-Seeking

By Brett Code, Q.C.

On August 13, 2009

In Civil Procedure, Evidence

Cases Considered: Westra Law Office (Re), 2009 ABQB 391

PDF version: Solicitor-Client Privilege in Westra and Wyoming – Artificial Linguistic Pigeonholes and the Inappropriate Prioritization of Truth-Seeking

* Brett Code acknowledges the able assistance of John Lawless, a student-at-law at Bennett Jones LLP.

In Westra Law Office (Re), 2009 ABQB 391 (“Westra“), the Alberta Court of Queen’s Bench recently had an opportunity again to consider the scope of solicitor-client privilege. The decision was founded on several grounds, only one of which interests us here, namely that involving the scope of solicitor-client privilege.

Umpires: Qualifications, etc.

By Jonnette Watson Hamilton

On August 12, 2009

In Dispute Resolution, Insurance Law

Cases Considered: Matti v. Wawanesa Mutual Insurance Company, 2009 ABQB 451

PDF version: Umpires: Qualifications, etc.

This is a post about insurance, not baseball. Umpires decide certain types of financial disputes between property owners and insurance companies in particular circumstances. Insurance claims involve umpires when the insured and insurer disagree about the value of damaged or destroyed property or the amount of the insured’s loss. The insured and the insurer each appoint an appraiser and the appraisers appoint an umpire. If the appraisers cannot agree on how to resolve the dispute, then the two appraisers submit their arguments to the umpire. The decision of two of those three persons decides the matter, which means, in effect, that the umpire decides. If the appraisers cannot agree on an umpire, then the insured or insurer can ask the court to appoint one. What qualifications should these decision-makers have? That question has not been the subject of much judicial consideration in Canada and so this decision by Mr. Justice W.P. Sullivan is a welcome one. But it still leaves open many other questions about insurance appraisals; they are a rather ill-defined process.

Year: 2009 Page 8 of 24

Supreme Court grants leave to appeal in Caron

A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act

Controlling Entry into the Marketplace in Order to Exercise of Freedom of Religion

Solicitor-Client Privilege in Westra and Wyoming – Artificial Linguistic Pigeonholes and the Inappropriate Prioritization of Truth-Seeking

Umpires: Qualifications, etc.