Author Archives: Arlene Kwasniak
Lack v. Alberta: Court Unmuddies and Advances Accretion Law
PDF version: Lack v. Alberta: Court Unmuddies and Advances Accretion Law Case considered: Lack v. Alberta (Sustainable Resource Development), 2011 ABQB 379 Courts typically find the facts, ascertain the applicable law, and apply the law to the facts. When asked … Continue reading
Innovative but controversial municipal bylaws survive challenges
PDF version: Innovative but controversial municipal bylaws survive challenges Case considered: Keller v. Municipal District of Bighorn No. 8, 2010 ABQB 362 This case is significant in three regards. First it raises the thorny issue of standard of review regarding … Continue reading
The Eviscerating of Federal Environmental Assessment in Canada
Considered: Canadian Environmental Assessment Act, S.C. 1992, c. 37 Regulations Amending the Exclusion List Regulations, SOR/2009-88 Infrastructure Projects Environmental Assessment Adaptation Regulations, SOR/2009-89 Regulations and Regulatory Impact Analysis Statement PDF Version: The Eviscerating of Federal Environmental Assessment in Canada Introduction … Continue reading
Queen’s Bench Boosts Municipal Bylaw Making Powers
Cases Considered: William Holowatiuk v. Beaver County, 2008 ABQB 290 PDF Version: Queen’s Bench Boosts Municipal Bylaw Making Powers This decision takes a broad view of municipal powers granted under the Alberta Municipal Government Act (R.S.A. 2000, c. M-26) (MGA). … Continue reading
Andriet v. County of Strathcona No. 20: Court of Appeal Conjures a Creative Accretion Approach
Cases Considered: Andriet v. County of Strathcona No. 20, 2008 ABCA 27 PDF Version: Andriet v. County of Strathcona No. 20: Court of Appeal Conjures a Creative Accretion Approach In this important reserved judgment, the Alberta Court of Appeal applied … Continue reading