ABLawg

Case Commented On: 1704604 Ontario Limited v. Pointes Protection Association, et al; 1704604 Ontario Ltd. v Pointes Protection Association, 2018 ONCA 685 (CanLII)

In November of last year, the Supreme Court of Canada (SCC) heard a case between 1704604 Ontario Limited and the Pointes Protection Association involving Ontario’s attempt at curbing Strategic Lawsuits Against Public Participation (SLAPPs). As we expect a decision from the SCC soon, it is an appropriate time to reflect on how the Pointes Protectioncase has the potential to impact implementation of anti-SLAPP legislation in Alberta. At the center of the case was a recent revision to Ontario’s Rules of Court, which has been commonly referred to as an ‘anti-SLAPP’ provision.

Two Manitoba Oil and Gas Lease Termination Cases

By Nigel Bankes

On April 14, 2020

In Energy, Oil & Gas

By: Nigel Bankes

PDF Version: Two Manitoba Oil and Gas Lease Termination Cases

Cases Commented On: Corex Resources Ltd. et al. v 2928419 Manitoba Ltd., 2020 MBQB 47 (CanLII) and 6660894 Canada Ltd. v 57110 Manitoba Ltd., 2020 MBQB 50 (CanLII)

Two Manitoba oil and gas lease termination cases; two days apart – March 10, 2020 and March 12, 2020; same judicial district (Brandon); same outcome (leases terminated); but different judges and significantly different analytical and doctrinal approaches. The Corex decision is grounded in the specialized body of case law which recognizes that oil and gas leases can terminate automatically in accordance with their terms. The 6660 decision takes a contractual approach and frames the case in terms of fundamental breach and repudiation. While both decisions get to the same point (the lease in each case had terminated), the reasoning in Corex is far more consistent with the relevant authorities.

When Solicitor-Client Privilege Protects the Government from You

By Drew Yewchuk

On April 13, 2020

In Privacy

By: Drew Yewchuk

PDF Version: When Solicitor-Client Privilege Protects the Government from You

Decision Commented On: Edmonton Police Service v Alberta (Information and Privacy Commissioner), 2020 ABQB 207

Edmonton Police Service v Alberta (Information and Privacy Commissioner), 2020 ABQB 207 (EPS v IPC) is a decision on judicial review of Order F2018-36 (Re), made by an adjudicator at the Office of the Information and Privacy Commissioner (OIPC). The decision addresses the “Privileged Information” exemption from disclosure found in section 27 of Alberta’s Freedom of Information and Protection of Privacy Act, RSA 2000 C-F-25 (FOIP). This post discusses the background to the decision and offers some commentary on the broader freedom of information implications of the decision.

Domestic Violence and Legal Responses to COVID-19 in Alberta

By Jennifer Koshan

On April 10, 2020

In Access to Justice, COVID-19, Family, Labour/Employment, Landlord/Tenant, State Responses to Violence

By: Jennifer Koshan

PDF Version: Domestic Violence and Legal Responses to COVID-19 in Alberta

Matters Commented On: Ministerial Order No 2020-011 (Community and Social Services); Court of Queen’s Bench Of Alberta, Amended Master Order #2 Relating to Court’s Response to the COVID-19 Virus; Court of Queen’s Bench Of Alberta, Pandemic Operations/ FAQ; The Provincial Court of Alberta, COVID-19 Pandemic Planning for the Scheduling of Matters

Many commentators have remarked on how COVID-19 and government orders to self-isolate will lead to increased rates of domestic violence and adversely impact victims of domestic violence seeking protection. Last weekend, for example, UN Secretary General António Guterres remarked that there has already been a “horrifying global surge in domestic violence” and urged “all governments to make the prevention and redress of violence against women a key part of their national response plans for COVID-19.” The law clearly has a significant role to play in this context. As noted in a previous post, domestic violence matters engage many legal issues: civil protection order law, criminal law, family and child protection law, residential tenancies law, social assistance and housing law, and employment law, to name a few. This post reviews some of the efforts of lawmakers and courts in Alberta to respond to domestic violence issues in light of the COVID-19 pandemic and identifies some areas where further measures are needed. My focus is on domestic violence – in other words, violence in the context of intimate partner relationships – rather than child or elder abuse. Child and elder abuse cases also present challenging issues in the current pandemic, but they are beyond the scope of my analysis here.

COVID-19 and the Suspension of Energy Reporting and Well Suspension Requirements in Alberta

By Shaun Fluker

On April 10, 2020

In COVID-19, Energy

By: Shaun Fluker

PDF Version: COVID-19 and the Suspension of Energy Reporting and Well Suspension Requirements in Alberta

Order Commented On: Ministerial Order 219/2020 (Energy)

Section 52.1 of the Public Health Act, RSA 2000, c P-37 provides a minister with power to suspend, modify, or effectively amend the application of legislation which they are responsible for under the Government Organization Act, RSA 2000, c G-10. Ministerial orders exercising this power are being made with increasing frequency during the COVID-19 emergency, and these orders, together with other public health orders issued by Alberta during this crisis, are published here. One should also keep an eye on the Queen’s Printer website for Orders-in-Council which enact new, or amend existing, regulations to address COVID-19. Readers may recall that I previously commented here on Ministerial Order 17/2020 (Environment and Parks) which suspends routine environmental reporting. This post looks at Ministerial Order 219/2020 issued by the Minister of Energy on April 6, 2020 which suspends some reporting and inactive well suspension requirements under energy legislation.

Is Now the Time to Consider Anti-SLAPP Legislation in Alberta? A Reflection on Pointes Protection

Two Manitoba Oil and Gas Lease Termination Cases

When Solicitor-Client Privilege Protects the Government from You

Domestic Violence and Legal Responses to COVID-19 in Alberta

COVID-19 and the Suspension of Energy Reporting and Well Suspension Requirements in Alberta