Author Archives: Shaun Fluker

About Shaun Fluker

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

The case of the overbilling doctor Part II: The zero-sum game of enhancing administrative legitimacy?

Posted on June 17, 2010 by Shaun Fluker

PDF: The case of the overbilling doctor Part II: The zero-sum game of enhancing administrative legitimacy?  Case considered: Searles v. Alberta (Health and Wellness), 2010 ABQB 157 This comment relates to an earlier post of mine back in June 2008 … Continue reading →

Posted in Administrative Law | Comments Off on The case of the overbilling doctor Part II: The zero-sum game of enhancing administrative legitimacy?

Is a dismissed complainant in a professional disciplinary proceeding sufficiently ‘aggrieved’ to seek judicial review?

Posted on May 21, 2010 by Shaun Fluker

PDF version: Is a dismissed complainant in a professional disciplinary proceeding sufficiently ‘aggrieved’ to seek judicial review?  Case considered: Mitten v. College of Alberta Psychologists, 2010 ABCA 159 Many professions governed by statute have a legislated complaint process whereby the … Continue reading →

Posted in Administrative Law | Comments Off on Is a dismissed complainant in a professional disciplinary proceeding sufficiently ‘aggrieved’ to seek judicial review?

Standing at the ERCB without an interest in land, but “no costs for you!”

Posted on April 26, 2010 by Shaun Fluker

Case considered: Freehold Petroleum and Natural Gas Owners Association v. Alberta (Energy Resources Conservation Board), 2010 ABCA 125 In Freehold Petroleum and Natural Gas Owners Association, Madam Justice Elizabeth McFayden dismisses an application for leave to appeal an Energy Resources … Continue reading →

Posted in Costs, Intervenors and Standing, Oil & Gas | 2 Comments

Endangered species under Alberta’s Wildlife Act: Effective legal protection?

Posted on March 29, 2010 by Shaun Fluker

Legislation considered: Wildlife Act, R.S.A. 2000, c. W-10 PDF version:  Endangered species under Alberta’s Wildlife Act: Effective legal protection? On March 23, 2010 Alberta’s Endangered Species Conservation Committee renewed its 2002 recommendation that the Minister of Sustainable Resource Development designate the … Continue reading →

Posted in Environmental, Protection of Species | 8 Comments

MiningWatch Canada v. Canada (Fisheries and Oceans): Hoisted on one’s own petard?*

Posted on February 19, 2010 by Shaun Fluker

Case considered: MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2 PDF version: MiningWatch Canada v. Canada (Fisheries and Oceans): Hoisted on one’s own petard? Ecojustice, on behalf of its client MiningWatch Canada, declared victory on January 21, 2010 … Continue reading →

Posted in Environmental, Fisheries Regulation | 2 Comments