Author Archives: Shaun Fluker

About Shaun Fluker

B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary). Associate Professor. Please click here for more information.

Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference

Posted on June 10, 2009 by Shaun Fluker

Case considered: Berger v. Alberta (Energy Resources Conservation Board), 2009 ABCA 158  PDF version: Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference The Court of Appeal routinely decides applications for leave … Continue reading →

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

Posted on May 19, 2009 by Shaun Fluker

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 … Continue reading →

Posted in Environmental, Torts | 5 Comments

R. v. Syncrude Canada: The Case of The 500 Dead Ducks

Posted on February 23, 2009 by Shaun Fluker

PDF Version: R. v. Syncrude Canada: The Case of The 500 Dead Ducks Alberta Environment and Environment Canada have laid charges against Syncrude Canada in relation to the toxic substances in its Aurora Mines tailing pond that resulted in the … Continue reading →

Posted in Environmental | 2 Comments

Obtaining leave to appeal an ERCB decision: Where is the justice?

Posted on January 20, 2009 by Shaun Fluker

Cases Considered: Bearspaw Petroleum Ltd. v. Alberta Energy and Utilities Board, 2008 ABCA 405; Bearspaw Petroleum Ltd. v. Alberta Energy and Utilities Board, 2009 ABCA 3. PDF Version: Obtaining leave to appeal an ERCB decision: Where is the justice? Section … Continue reading →

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The Counterview to a National Securities Regulator in Canada

Posted on January 17, 2009 by Shaun Fluker

PDF Version:  The Counterview to a National Securities Regulator in Canada I am coming to the aid of an old friend. Having worked as legal counsel at the Alberta Securities Commission, I can tell you the current securities regulatory system … Continue reading →

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