ABLawg - - Page 144

By: Linda McKay-Panos

PDF Version: Yet Another Development in the Saga of Random Drug and Alcohol Testing at Suncor

Case Commented On: Unifor, Local 707A v Suncor Energy Inc, 2017 ABQB 752 (CanLII)

Recently, the Alberta Court of Queen’s Bench (per Justice R. Paul Belzil) granted Unifor, Local 707A (the Union) an interim injunction prohibiting Suncor Energy Inc (Suncor) from implementing its random drug and alcohol testing policy pending either a successful application for leave to appeal to the Supreme Court of Canada or, failing that, the parties holding a fresh arbitration hearing in early 2018.

Confidentiality Agreements and Brokerage Opportunities in the Context of the Sale of Oil and Gas Properties

By Nigel Bankes

On January 2, 2018

In Contracts, Oil & Gas, Property

By: Nigel Bankes

PDF Version: Confidentiality Agreements and Brokerage Opportunities in the Context of the Sale of Oil and Gas Properties

Case Commented On: Beaumont Resources Ltd. v Cardinal Energy Ltd., 2017 ABCA 416 (CanLII), aff’g unreported reasons for judgment of Justice Anderson, September 26, 2016, aff’g unreported reasons for judgment of Master Farrington, January 22, 2016

In 2012 Beaumont Resources made some preliminary inquiries of Felcom Resources about a possible acquisition of some oil and gas properties. In the course of those inquiries Beaumont and Felcom entered into a confidentiality agreement (the Felcom CA) with respect to information provided by Felcom to Beaumont. The agreement included the following terms:

ABlawg Inducted into Clawbie Hall of Fame

By Admin

On December 31, 2017

In Blogs and Websites

ABlawg is thrilled to have been inducted into the Canadian Law Blog Award (Clawbie) Hall of Fame today. The awards committee noted that “The blog of the University of Calgary’s Faculty of Law has long set the standard for legal academic blogging in Canada”, which is welcome encouragement as we approach our 10-year anniversary in February 2018.

We also congratulate our colleague and contributor Lisa Silver, whose Ideablawg won the Clawbie in the Best Law School/Law Professor Blog Award category.

Congratulations to all the Clawbie winners and finalists, and thanks to our readers for your continued support and commentary.

Inter-Provincial Recognition of Substitute Decision-Making Documents

By Katherine MacKenzie

On December 22, 2017

In Wills and Estates

By: Katherine MacKenzie

PDF Version: Inter-Provincial Recognition of Substitute Decision-Making Documents

Report Commented On: Alberta Law Reform Institute, Inter-Provincial Recognition of Substitute Decision-Making Documents, Report for Discussion 32

The Alberta Law Reform Institute (ALRI) is considering changes to the statutory rules governing recognition of substitute decision-making documents (enduring powers of attorney, personal directives etc.) that originate outside of Alberta. It recently published Inter-Provincial Recognition of Substitute Decision-Making Documents, Report for Discussion 32. The report reviews the issues with the existing law, considers the uniform provisions recently proposed by the Uniform Law Conference of Canada (ULCC) and makes preliminary recommendations for reform. Before it makes final recommendations to the Alberta government, ALRI is seeking feedback on the questions and proposals below.

An Unseverable Joint Tenancy: Intentions of the Donor or a Question of Law?

By Nigel Bankes

On December 21, 2017

In Property

By: Nigel Bankes

PDF Version: An Unseverable Joint Tenancy: Intentions of the Donor or a Question of Law?

Case Commented On: Pohl v Midtal, 2017 ABQB 711 (CanLII)

In this decision Justice Rita Khullar concludes that when a parent makes an inter vivos gift of interest as a joint tenant in real property to an adult child, that gift may include an irrevocable right of survivorship. While there is a presumption that the donor has retained the power to sever during the donor’s lifetime, this presumption may be rebutted based on the expressed intentions of the donor. In this case the presumption was rebutted. In reaching these conclusions Justice Khullar relies heavily on the decision of the Supreme Court of Canada in Pecore v Pecore, 2007 SCC 17 (CanLII), a case dealing with a joint bank account.