Page 25

By: Jassmine Girgis

Case Commented On: Ruel v Rebonne, 2023 ABCA 156 (CanLII)

PDF Version: Interpreting Restrictive Covenants in Commercial and Employment Agreements

Restrictive covenants are usually found in two types of agreements: commercial agreements for the purchase of a business and employment agreements. In commercial agreements, these clauses protect the purchaser; after having made a substantial investment, the purchaser can build ties with customers without being concerned about the vendor setting up a competing business for a specified time. In employment agreements, they protect the employer’s interests.

Thumbs Up, Bruh – Informality and the New Art of Contract Formation

By Michael Ilg

On July 17, 2023

In Contracts

By: Michael Ilg

Case Commented on: South West Terminal Ltd v Achter Land, 2023 SKKB 116 (CanLII)

PDF Version: Thumbs Up, Bruh – Informality and the New Art of Contract Formation

Saskatchewan grain contracts rarely attract international media attention, but an exception occurred recently after a judge held a farmer liable for damages under a contract entered into by emoji. It was not even a particularly cute or imaginative emoji, simply a humdrum ‘thumbs up’ . Nevertheless, this solitary little did quite a lot of work in the court’s eyes; not only did it signify acceptance of a contract offer, it also constituted the signed endorsement of a written document, thus satisfying the requirements of The Sale of Goods Act, RSS 1978, c S-1. This short post examines the decision of the King’s Bench for Saskatchewan in South West Terminal Ltd v Achter Land (2023 SKKB 116) and suggests some potential implications, with a particular emphasis on the formality requirements of contract formation.

Counting Straws: Yahey v British Columbia and the Future of Cumulative Effects Management in Canada

By Martin Olszynski

On July 13, 2023

In Aboriginal, Environmental, Indigenous, Land Use

By: Martin Olszynski

Case Commented On: Yahey v British Columbia, 2021 BCSC 1287 (CanLII)

PDF Version: Counting Straws: Yahey v British Columbia and the Future of Cumulative Effects Management in Canada

Much has already been written about the British Columbia Supreme Court’s ground-breaking decision in Yahey v British Columbia, 2021 BCSC 1287 (CanLII) (also referred to as Blueberry River First Nation, BRFN, or simply Blueberry throughout). In Yahey, the Court agreed with the BRFN that, in the context of BFRN’s traditional territory in Northeastern British Columbia, “the cumulative effects of industrial development authorized by [British Columbia] have significantly diminished the ability of Blueberry members to exercise their rights to hunt, fish and trap in their territory as part of their way of life and therefore constitute an infringement of their treaty rights” (at para 3). My colleague Professor Robert Hamilton and former UCalgary Law JD student (now alumnus) Nick Ettinger wrote two outstanding blogs on the decision when it first came out: a first post summarized the decision, while a second focused on Yahey’s standard for treaty infringement, i.e., “meaningful diminishment”. They also published a law review article on the decision: Robert Hamilton and Nicholas P. Ettinger, “The Future of Treaty Interpretation in Yahey v British Columbia: Clarification on Cumulative Effects, Common Intentions, and Treaty Infringement,” 2023 54-1 Ottawa L Rev 109. In this (very) belated post spurred on by a presentation that I gave at an environmental law conference last month, I focus on the Court’s findings with respect to British Columbia’s approach to resource development, and specifically its failure to effectively manage the cumulative effects associated with oil and gas and forestry. In my view, and as further set out below, these findings and analysis are relevant to every level of government in Canada: federal, provincial, territorial, Indigenous, and municipal.

Orphan Well Association Annual Report 2022/2023

By Drew Yewchuk

On July 11, 2023

In Energy, Natural Resources, Oil & Gas

By: Drew Yewchuk

Annual Report Commented On: Orphan Well Association, Annual Report 2022/23

PDF Version: Orphan Well Association Annual Report 2022/2023

The 2022/2023 Orphan Well Association (OWA) annual report was posted to the OWA website on July 7, 2023. OWA annual reports provide insight into Alberta’s orphan oil and gas asset situation and the pace at which the problem is being addressed. This post summarizes the report and discusses the implications of the information for Alberta’s oil and gas liability problem.

Webber Academy II: Balancing Religious Discrimination and Freedom from Religion in the Provision of Educational Services

By Howard Kislowicz

On July 6, 2023

In Constitutional, Human Rights

By: Howard Kislowicz and Jennifer Koshan

Case Commented On: Webber Academy Foundation v Alberta (Human Rights Commission), 2023 ABCA 194 (CanLII) (Webber Academy II)

PDF Version: Webber Academy II: Balancing Religious Discrimination and Freedom from Religion in the Provision of Educational Services

In the 2011-12 school year, Sarmad Amir and Naman Siddique (“the Students”) were denied prayer space at Webber Academy, where they had recently enrolled as grade 9/10 students. As observant Sunni Muslims, they prayed five times a day, which included school hours at some times of the year. Staff initially allowed the Students to pray in empty offices or classrooms; however, when the head of Webber Academy, Dr. Neil Webber, became aware of the situation, he informed the Students’ parents that prayers could only be performed off campus, or on campus without bowing or kneeling. The explanation was that Webber Academy did not provide physical accommodations for students of other religions to practice their faith, and that the Academy is a non-denominational school. The Students’ parents were also advised that because they had not followed the school’s policies, the Students would not be enrolled for the following year.