Editor’s Note
ABlawg is pleased to announce the launch of our third ebook, which deals with the rights of farm and ranch workers in Alberta. Our ebooks are accessible from a tab at the top of the ABlawg website, and each includes a table of contents with hyperlinks to the collected posts and is fully searchable. The introduction to this ebook is written by Jennifer Koshan. We also thank Evelyn Tang (JD 2016) for her work in producing the ebook.
By: Martin Olszynski, Sharon Mascher, and Nigel Bankes
PDF Version: Top Ten Environmental Law Stories: Canadian Edition
This last year was an important one for environmental law and policy, both in Canada and globally. In this post we highlight ten of the most significant developments. Many of these figure among the usual suspects included in top-ten lists, but we’ve included some less obvious ones as well.
By: Evaristus Oshionebo
PDF Version: Analytical Framework for Oppression Remedy under the Business Corporations Act
Case Commented On: Patel v Chief Medical Supplies Ltd, 2015 ABQB 694
In Patel v Chief Medical Supplies Ltd., 2015 ABQB 694, the Court of Queen’s Bench of Alberta was confronted with the issue of oppression of the interest of minority shareholders under the Business Corporations Act, RSA 2000, c B-9 [ABCA]. The judgment raises a number of important jurisprudential questions including the analytical framework for the oppression provision in section 242 of the ABCA and the scope of the remedy for oppression under the ABCA. In the ensuing discussion, this writer offers his opinion on these issues and posits that, in determining whether there is oppression in any given instance, Alberta courts ought to adopt the analytical framework enunciated by the Supreme Court of Canada (SCC) in BCE v 1976 Debentureholders [2008] 3 SCR 560 [BCE]. Doing so would enhance the development of the oppression remedy in Alberta.
By: Shaun Fluker
PDF Version: Habitat Protection for the Westslope Cutthroat Trout in Alberta
Matter Commented On: Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order, SOR/2014-241 (November 20, 2015)
On December 2, 2015, the Minister of Fisheries and Oceans Canada published a critical habitat protection order issued under sections 58(4) and (5) of the Species at Risk Act, SC 2002, c 29 (SARA) covering identified critical habitat for the westslope cutthroat trout located on Alberta public lands. Over the last 12 months the Faculty’s Environmental Law Clinic assisted the Alberta Wilderness Association and the Timberwolf Wilderness Society in their efforts to see this Order issued by the Minister. This comment revisits the process that ultimately led to this Order and describes the Order itself. At the outset it is worth noting this is only the second critical habitat protection order issued to date under sections 58(4) and (5) of SARA, and the first such order to be applied on provincial lands.
By: Nigel Bankes
PDF Version: Unpaid AFE Amounts Constitute Liquidated Demands With No Right of Set-Off Under the 1990 CAPL Operating Procedure
Case Commented On: Talisman Energy Inc v Questerre Energy Corporation, 2015 ABQB 775 (MC)
This decision of Master Prowse offers an interesting example of careful parsing of the pleadings, and the agreed and contested facts, with a view to identifying possible issues for which summary judgment may be granted – while leaving the factually contested issues for a later trial. As in SemCAMS ULC v Blaze Energy Ltd. 2015 ABQB 218, (and see my post on that decision here) contractual language deeming billings to be liquidated demands and the “no set-off” provisions commonly found in oil and gas and other commercial agreements were important elements in the decision.
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