Author Archives: Jennifer Koshan

About Jennifer Koshan

B.Sc., LL.B (Calgary), LL.M. (British Columbia). Professor. Member of the Alberta Bar. Please click here for more information.

Interjurisdictional Enforcement of Protection Orders and the Possibility of Conflicts: The Need for Reform in Alberta

By: Jennifer Koshan

PDF Version: Interjurisdictional Enforcement of Protection Orders and the Possibility of Conflicts: The Need for Reform in Alberta

Case Commented On: DH v TH, 2018 ABQB 147 (CanLII)

Most provinces and territories in Canada now have legislation providing for emergency protection orders in cases of family violence. What we do not have in Alberta is a clear mechanism that allows for the recognition and enforcement of a protection order granted in another jurisdiction, nor a mechanism for dealing with conflicting orders.

In a recent Alberta case, DH v TH, 2018 ABQB 147 (CanLII), Justice Lee faced a situation where a woman had obtained an ex parte protection order against her husband in British Columbia under the Family Law Act, SBC 2011, c 25. At the time, the wife was living in BC and her husband was travelling back and forth between Edmonton and BC for work. After the order was granted, the husband moved to Edmonton to live with his sister. He was eventually served with the BC order in Alberta but missed the date for the hearing into the extension of that order, which resulted in a three-year BC protection order being granted against him. In the meantime, the wife received a transfer of employment to Edmonton and moved there to live with her parents. The husband apparently learned about the extension of the BC order when he went to an Edmonton daycare “where he believed the child of the marriage was” (at para 6). Later that day, he was served with an emergency protection order (EPO) obtained ex parte by his wife under Alberta’s Protection Against Family Violence Act, RSA 2000, c P-27 (PAFVA).

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No Discrimination Against Long-Term Care Residents in Elder Advocates of Alberta Case

By: Jennifer Koshan and Jonnette Watson Hamilton

PDF Version: No Discrimination Against Long-Term Care Residents in Elder Advocates of Alberta Case

Case Commented On: Elder Advocates of Alberta Society v Alberta, 2018 ABQB 37 (CanLII)

Our colleague Lorian Hardcastle recently posted a comment on the Elder Advocates of Alberta Society case, where a class of long-term care residents brought a claim against the Alberta government challenging its ability to charge accommodation fees in their facilities. As she noted, the plaintiffs were unsuccessful in their claims of unjust enrichment, negligence, and contract. The plaintiffs also argued that the accommodation charges were discriminatory on the basis of age and mental / physical disability, contrary to section 15 of the Canadian Charter of Rights and Freedoms. Justice June Ross also dismissed this argument, and her reasons on the section 15 claim will be the focus of this post. Continue reading →

“Not One Cookie Cutter Citizen”: A Review of ABlawg Posts on Some of Justice Sheilah Martin’s Decisions

By: Jennifer Koshan, Jonnette Watson Hamilton, Fenner Stewart, and Lisa Silver

PDF Version: “Not One Cookie Cutter Citizen”: A Review of ABlawg Posts on Some of Justice Sheilah Martin’s Decisions

Matter Commented On: Justice Sheilah Martin’s Nomination to the Supreme Court of Canada

The Faculty of Law at the University of Calgary is thrilled that one of our own – Justice Sheilah Martin – has been nominated to the Supreme Court of Canada. Many of us watched her question and answer session with Parliamentarians on 5 December 2017, and were pleased to see her fierce intelligence, compassion and humour shine through. In one of the most quoted lines from her remarks, she said that she hoped her legacy would be that she was a deep thinker, a good listener, and had really great hair. The title of this post, “Not One Cookie Cutter Citizen”, is also taken from Justice Martin’s remarks during the hearing, when she was making a point about the importance of thinking about the differential impact of the law on people with different identities and needs. A review of ABlawg posts on decisions written by Justice Martin during her tenure as a judge in Alberta reveals her concern for the impact of the law on individuals and the public. This post will highlight four of Justice Martin’s decisions that we have blogged on over the years, in areas ranging from constitutional and health law, to civil litigation and vexatious litigants, to bankruptcy law and oil and gas assets, to homicide and sexual assault law. We also provide a list of other posts on her judgments for those who are interested in further reading on Justice Martin’s legacy as a judge in Alberta.  Continue reading →

Landlords, Tenants and Domestic Violence: Introduction to a New ABlawg Ebook

By: Jennifer Koshan and Jonnette Watson Hamilton

Editors’ Note: ABlawg is pleased to publish this new ebook, Landlords, Tenants and Domestic Violence: An ebook collection of ABlawg posts concerning residential tenancies and victims of domestic violence, on the National Day of Remembrance and Action on Violence against Women in Canada.

This ebook is a compilation of ABlawg posts from the last two years concerning residential tenancies and domestic violence. Continue reading →