Compensation for cancelled oil sands rights under the terms of the draft Lower Athabasca Regional Plan

PDF version: Compensation for cancelled oil sands rights under the terms of the draft Lower Athabasca Regional Plan  Documents commented on: Draft Lower Athabasca Regional Plan 2011 – 2021, Strategic Plan and Implementation Plan; Proposed Lower Athabasca Integrated Regional Plan Regulations In an earlier blog on a draft version of the Lower Athabasca Regional Plan […]

Interim Costs and Access to Justice at the Supreme Court of Canada

PDF version: Interim Costs and Access to Justice at the Supreme Court of Canada  Case considered: R. v. Caron, 2011 SCC 5 The Supreme Court recently upheld the Alberta Court of Appeal decision in R. v. Caron, 2009 ABCA 34. That decision affirmed the jurisdiction of a superior court to award interim costs for public […]

Using water reservations to protect the aesthetic values associated with water courses: a note on the Spray River (Banff)

 PDF version: Using water reservations to protect the aesthetic values associated with water courses: a note on the Spray River (Banff) Documents commented on: Order in Council 546\49; South Saskatchewan Basin Water Allocation Regulation, Alta. Reg. 307/1991 (rescinded by Bow, Oldman and South Saskatchewan River Basin Water Allocation Order, Alta. Reg. 171/2007); Alberta Environment, TransAlta […]

Water Rights and Water Stewardship: What About Aboriginal Peoples?

PDF version: Water Rights and Water Stewardship: What About Aboriginal Peoples? Introduction The province of Alberta is currently reviewing its approach to the allocation, licensing and transfer of water rights. The government has received advice from a number of groups of experts established under various government initiatives and concerned citizens have come forward with their own […]

An exemplar of reasoning from precedent in a real property law context

Cases considered: Kolias v. Owners: Condomimium Plan 309 CDC, 2008 ABCA 379. PFD Version:  An exemplar of reasoning from precedent in a real property law context This reserved judgment written by Mr. Justice Jean Côté of the Alberta Court of Appeal is strong on justifications for the decision reached and an excellent example of stare […]