By: Jennifer Koshan and Jonnette Watson Hamilton
Editors’ Note: ABlawg is pleased to publish this new ebook, Landlords, Tenants and Domestic Violence: An ebook collection of ABlawg posts concerning residential tenancies and victims of domestic violence, on the National Day of Remembrance and Action on Violence against Women in Canada.
This ebook is a compilation of ABlawg posts from the last two years concerning residential tenancies and domestic violence.
By: Nigel Bankes
PDF Version: PPA Terminations and the AESO Tariff
Matter Commented On: Application from the Alberta Electric System Operator (AESO) to the Alberta Utilities Commission (AUC) requesting legal determinations by the AUC under Section 8 of the Alberta Utilities Commission Act with respect to system access service for generation from the Keephills facilities, November 24, 2017
The complicated issues surrounding the termination of Power Purchase Arrangements (PPAs) are about to get a lot more complicated. Justice Horner’s decision mandating the Balancing Pool to complete its assessment and verification of ENMAX’s notice of termination (delivered May 5, 2016) of its Keephills PPA (see ENMAX PPA Management Inc v Balancing Pool, 2017 ABQB 718 (CanLII) and my post on that decision here) has triggered an application by the Alberta Electric System Operator (AESO) to the Alberta Utilities Commission (AUC) to have the AUC decide certain questions of law so as to assist the AESO in ensuring the continuation of an appropriate legal framework within which the Keephills facilities will continue to supply power to the Alberta Interconnected System (AIES).
By: Kyle Gardiner
PDF Version: The Cost of Cohabitation Agreements: Considering Property Division Laws for Unmarried Cohabitants
Report Commented On: Alberta Law Reform Institute, Property Division: Living Together Before Marriage, Report for Discussion No. 31
On September 29, 2017, the Alberta Law Reform Institute (ALRI) released Property Division: Common Law Couples and Adult Interdependent Partners, Report for Discussion No. 30, addressing Alberta’s lack of statutory law dealing with property division for unmarried cohabitants. That report recommended that property division rules should apply to adult interdependent partners as defined in the Adult Interdependent Relationships Act, SA 2002, c A-4.5 (AIRA) (i.e. “common-law partners”), and that those rules should be based on the Matrimonial Property Act, RSA 2000, c M-8 (MPA) — the statute that governs property division upon marriage breakdown in Alberta. This recommendation necessitated a further question answered by ALRI’s Report for Discussion 31: how should laws of property division deal with couples who first cohabit and later marry?
By: Genevieve Tremblay-McCaig
PDF Version: Property Division: Living Together Before Marriage
Report Commented On: Alberta Law Reform Institute, Property Division: Living Together before Marriage, Report for Discussion 31
The Alberta Law Reform Institute (ALRI) is considering changes to property division rules for spouses who live together before marriage. It recently published Property Division: Living Together before Marriage, Report for Discussion 31. Report 31 follows a separate report for discussion on property division for common law couples and adult interdependent partners. Report 31 covers the related but distinct issue of premarital cohabitation and property division. Before it makes final recommendations to the Alberta government, ALRI is seeking feedback on the proposals below.
By: Nigel Bankes
PDF Version: Balancing Pool Must Fulfil its Statutory Obligations
Case Commented On: ENMAX PPA Management Inc v Balancing Pool, 2017 ABQB 718 (CanLII)
In this decision Justice Karen Horner has directed the Balancing Pool (BP) to fulfil its statutory obligations and reach a decision as to whether ENMAX had validly terminated its Keephills Power Purchase Arrangement (PPA) on the basis of the change of law clause in the PPA.
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