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Represented Adults and Solicitor-Client Privilege

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Case considered: Wayne v Wayne, 2012 ABQB 763.

The Adult Guardianship and Trusteeship Act, SA 2008, c A-4.2 (AGTA), applies to persons over the age of 18 who are unable to make personal or financial decisions for themselves, a person the statute calls a “represented adult.” There has not been much judicial consideration of the statute which came into force on October 30, 2009; there appears to be fewer than a dozen cases interpreting only a relatively small number of the statute’s provisions. That is one reason why Wayne v Wayne is of interest. Another reason is that the issue in Wayne v Wayne is intrinsically interesting, at least to the legal profession, because it is about the ability of a trustee appointed to manage the financial affairs of a represented adult to gain access to information otherwise protected by solicitor-client privilege from the file of a represented adult to whom a lawyer gave legal advice.

ABlawg News

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ABlawg is thrilled to have been awarded the Clawbie for Best Law School / Law Professor Blog for 2012. Thanks again to our indefatigable bloggers and enthusiastic readers, commenters, and nominators. ABlawg’s winning the Clawbie makes for an auspicious beginning to our 5th anniversary celebrations, which will kick off in February. The ABlawg dates back to November 2007, and went live in February 2008. Here are some exciting ABlawg celebratory events readers can look forward to in the coming weeks:

ABlawg wins the Clawbie for Best Law School Blog

Since 2005, the Canadian Law Blog Awards, (Clawbies), a project of Stem Legal Web Enterprises, has annually presented category awards to blogs published the Canadian legal industry (see Lawblogs.ca).  The Clawbies website notes that when the Canadian Law Blog Awards started there were but 43 law blogs in the running, now there are over 400.  This makes the ABlawg particularly honoured and thrilled to be the recipient of the 2012 Best Law School/Law Professor Blog.

Here is the text that accompanied the New Year’s Eve announcement:

…  Best Law School/Law Professor Blog

This is always one of our toughest calls, since the quality of Canadian legal academic blogs is uniformly high.  This year, however, our choice was made easier by the outstanding performance by ABlawg, the University of Calgary Faculty of Law Blog.  Relevant and well-read beyond the walls of academia, the ABlawg is frequently consulted by practitioners throughout the province of Alberta, and it’s the rare law school periodical of any type that can lay claim to that accomplishment.

ABlawg is indebted to many for this accomplishment, praise, and honor, including its long-time supporters, excellent contributors, engaged readers, enthusiastic  commentators,  tireless editorial staff and volunteers, and,  of course,  those who showed their appreciation and support  by nominating  ABlawg for an award.  Many thanks to all.

 ABlawg wishes a peaceful, optimistic, and Happy New Year’s to all.

Nominations Open for 7th Annual Canadian Law Blog Awards

Nominations are now being accepted for the 7th annual Canadian Law Blog Awards known as the CLawBies (the Canadian Law Blog Awards).  The CLawBies recognize “the most thoughtful, useful, and timely law or legal industry-related blogs out there”.  We encourage our readers to take the time to nominate their favourite blogs.  There are three ways to nominate a blog:

  1. Tweet your nomination via Twitter with the hashtag: #clawbies2012.  If you visit the CLawBies website you will see a number of tweeted nominations.
  2. Email your favourite blog, including a couple sample posts or any other notable highlights, to Steve Matthews at steve@stemlegal.com.  The judges prefer a public nomination, but still welcome participation from folks who don’t blog or tweet.
  3. Write a blog post nominating up to three other Canadian law blogs you currently read, with a brief explanation of why you think those blogs were award-worthy in 2012.

The deadline for nominations is Thursday, December 27th, and the winners of the 2012 CLawBies will be announced on New Year’s Eve.

Many thanks to the readers who have already nominated the ABlawg.

Public Interest Standing and a Statutory Right of Appeal

PDF version: Public Interest Standing and a Statutory Right of Appeal

Case Considered: Pembina Institute for Appropriate Development v Alberta (Utilities Commission), 2011 ABCA 302

The Pembina Institute for Appropriate Development (“Pembina”) recently sought leave of the Alberta Court of Appeal to appeal the June 30, 2011 interim decision of the Alberta Utilities Commission (“AUC”) to approve the construction of a coal-fired power generation facility by Maxim Power Corp. (“Maxim”) in Alberta. In Pembina Institute for Appropriate Development v Alberta (Utilities Commission), 2011 ABCA 302, Madam Justice Patricia Rowbotham denies the Pembina application for leave to appeal. However in her reasons for decision, Justice Rowbotham adds to the Alberta jurisprudence on public interest standing. I will first describe the parameters of the leave application before discussing the standing matter.

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