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Month: March 2011 Page 2 of 3

Street Preaching and the Charter: The City of Calgary’s Appeal in Pawlowski

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On March 15, 2011

In Constitutional, Municipal Law

PDF version: Street Preaching and the Charter: The City of Calgary’s Appeal in Pawlowski 

Case commented on: R. v. Pawlowski, 2011 ABQB 93

Artur Pawlowski, Calgary’s self-professed street preacher, was acquitted of a number of provincial and by-law charges related to his preaching and other activities in December 2009. Judge Allan Fradsham of the Alberta Provincial Court found that the charges violated several of Pawlowski’s Charter rights, and could not be justified under s. 1 of the Charter (2009 ABPC 362). I argued that Justice Fradsham’s ruling may have been overly expansive in its approach to the Charter (see here). The City appealed the ruling in relation to the bylaw charges, and had some success at the Alberta Court of Queen’s Bench. However, the decision of Justice R.J. Hall on appeal raises some analytical questions that I will discuss towards the end of this post.

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New Rules of Court Interpreted: Rule 5.33, Disclosure of Information

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On March 14, 2011

In Civil Procedure: New Rules of Court

Case considered: Italian Centre Shop South Ltd. v. Moreira, 2011 ABQB 41

The Plaintiff, Italian Centre Shop South Ltd., sued the Defendant, Marcia Moreina, for allegedly stealing $173, 597.39 over the course of her employment with the Plaintiff. The Defendant was also charged criminally for defrauding the Italian Centre Shop South Ltd. of more than $5000. The Plaintiff applied for summary judgment and the Defendant applied for a stay of civil proceedings pending the resolution of criminal proceedings arising from the same facts.

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Tracing Original Property to Replacement Property: What Evidence is Required?

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On March 11, 2011

In Family, Property

PDF version: Tracing Original Property to Replacement Property: What Evidence is Required? 

Case considered: Scheffelmeier v. Krassman, 2011 ABCA 64

In Scheffelmeier v. Krassman the Alberta Court of Appeal once again dealt with tracing exempt property under the Matrimonial Property Act, R.S.A. 2000, c. M-8 (MPA). Tracing is one of the more contentious matters in matrimonial property litigation, as is the matter of non-disclosure of financial information, also a factor in this case. Scheffelmeier is of interest because it includes a dissenting opinion on the application of the long-standing principle that “[t]racing can be inferred, implied, or presumed” (Harrower v. Harrower (1989), 97 A.R. 141; 21 R.F.L. (3d) 369 at 376 (C.A.)). The point of contention between the majority opinion of Mr. Justice Ronald L. Berger and Madam Justice Patricia Rowbotham and the dissenting opinion of Mr. Justice J.D. Bruce McDonald also illustrates the problem caused by the lack of enforcement mechanisms for the disclosure requirements in the MPA.

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New Rules of Court Interpreted: Rule 3.37, Applications for Default Judgment

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On March 7, 2011

In Civil Procedure: New Rules of Court

Case commented on: Toerper v. Hoard, 2011 ABQB 85 

Toerper v. Hoard involved a claim for breach of contract and breach of trust or fiduciary duty by Elizabeth Toerper against several defendants. The defendant 1215396 Alberta Ltd. was noted in default on March 24, 2010, and the statement of defence of Graham Hoard and 919035 Alberta Ltd. was struck on June 11, 2010. An order directed that the action be set down for summary trial for an assessment of damages.

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Regulatory chill, weak regional plans, and lots of jobs for lawyers: the proposed amendments to the Alberta Land Stewardship Act

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On March 4, 2011

In Environmental, Property, Protection of Spaces

PDF version: Regulatory chill, weak regional plans, and lots of jobs for lawyers: the proposed amendments to the Alberta Land Stewardship Act 

Legislation commented on: Bill 10, the Alberta Land Stewardship Amendment Act, 2011

In an earlier blog, I commented on one aspect of the on-going debate in Alberta on the Alberta Land Stewardship Act, SA 2009, c.A-26.8 (ALSA). On March 1, 2011 the government introduced Bill 10, the Alberta Land Stewardship Amendment Act, 2011. The Bill contains 12 pages of amendments to the Act. I think that the Bill will encourage the adoption of timid plans that will not achieve the noble purpose of the legislation. I also think that the amendments will create significant uncertainty and encourage litigation. The big winners from this Bill will be lawyers; the environment will be the loser. And if the environment loses then we all lose; whether we happen to be landowners or not.

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