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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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The Court confirms that coalbed methane forms part of the natural gas title and not the coal title

PDF version: The Court confirms that coalbed methane forms part of the natural gas title and not the coal title

Case considered: Encana Corporation v ARC Resources Ltd., 2011 ABQB 431

In 2010 the provincial legislature amended the Mines and Minerals Act, RSA 2000, c. M-17 (as am by SA 2010, c.20) (MMA) to declare that coalbed methane (CBM) is and always has been natural gas. In this case Justice Kent of the Court of Queen’s Bench applied the new s.10.1 to grant summary judgement in competing actions brought by the coal owners and the natural gas lessees seeking declaratory relief as to the ownership of CBM in certain lands. The actions in question had all been commenced before the amendment was introduced and passed. The Court held that s.10.1 was a complete answer to the competing claims and concluded that the natural gas lessees were entitled to a declaration that the coalbed methane had been granted to them under the terms of their natural gas leases.

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