Author Archives: Shaun Fluker

About Shaun Fluker

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

Anthropomorphic Justice: The Case of the Cute, Yet Menacing Dog

Cases Considered: R. v. Hardy, 2007 ABQB 747

PDF Version: Anthropomorphic Justice: The Case of the Cute, Yet Menacing Dog

Erin is a 10 year-old who loves dogs. One morning while in the Kensington district of inner-city Calgary with her parents, Erin’s affection led to an unfortunate encounter with Paul Hardy’s young German pointer leashed to a sidewalk post. As she attempted to pet the dog, it unexpectedly lunged upwards and bit her mouth. She required plastic surgery to treat the severe injuries inflicted upon her lips.

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Standing Against Public Participation at the Alberta Energy and Utilities Board

Cases Considered: Sawyer v. Alberta (Energy and Utilities Board), 2007 ABCA 297

PDF Version: Standing Against Public Participation at the Alberta Energy and Utilities Board

In September 2007, the Alberta Court of Appeal denied leave to appeal an AEUB (now the Energy Resources Conservation Board) decision that affirmed its longstanding position that participatory rights to contest the merits of an energy project by, for example, presenting evidence and/or cross-examining the project proponent, are not available to recreational users of public lands or urban environmentalists.

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Standing to Seek Judicial Review or Simply a Matter of Legislative Drafting?

Cases Considered: Real Estate Council of Alberta v. Henderson, 2007 ABCA 303

Keywords: administrative law, real estate, regulation of professions

PDF Version: Standing to Seek Judicial Review or Simply a Matter of Legislative Drafting?

The Real Estate Council of Alberta (RECA), a self-regulatory organization established by section 3 of the Real Estate Act, R.S.A. 2000, c. R-5, administers the licensing of real estate agents, appraisers and mortgage brokers in Alberta and governs the competence and conduct of such industry members via authority granted by the Act. RECA is comprised of eleven (11) council members appointed by various industry associations, and one additional appointee selected by the Minister.

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