Contractual Interpretation and Context

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Case commented on: Ziegler v Green Acres (Pine Lake) Ltd, 2013 ABQB 349.

Ziegler v Green Acres (Pine Lake) Ltd is a case that revolves around one provision in a unanimous shareholder agreement (USA). Due to tragic circumstances, the Applicants/Defendants (referred to as Defendants) ended up in court, in disagreement over the interpretation of the USA, and specifically, over whether the shares of a deceased shareholder had to be sold to the remaining shareholders, or could remain with the deceased’s wife.

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Alberta Flood Relief Payments: Income for Tax Purposes?

Matter considered: Tax treatment of $1 billion of Alberta government flood relief payments

The June flooding of Calgary and other parts of southern Alberta has been described as “one of the largest natural disasters to ever hit the province”. Thousands of Albertans have been displaced from over 10,000 homes, some of which are damaged beyond repair. Personal losses from the floods are beyond calculation, and total financial losses to personal property and businesses are as yet untallied. The Alberta government has pledged $1 billion in immediate financial assistance, but it is unclear how those funds will be allocated.

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The Petition of the Arctic Athabaskan Peoples to the Inter American Commission on Human Rights

By: Verónica de la Rosa Jaimes

PDF Version: The Petition of the Arctic Athabaskan Peoples to the Inter American Commission on Human Rights

Matter Commented On: Petition to the Inter American Commission on Human Rights seeking relief from violations of the rights of Arctic Athabaskan Peoples resulting from rapid arctic warming and melting caused by emissions of black carbon by Canada

The indigenous peoples of the Arctic, including the Arctic Athabaskan peoples, have contributed the least to the accelerated warming and melting of the Arctic through emissions of greenhouse gases yet they are among the first to face direct environmental, social and human impacts of climate change. On April 23rd, 2013 the Arctic Athabaskan Council (AAC), represented by Earthjustice and Ecojustice Canada, on behalf of all the Arctic Athabaskan Peoples of the Arctic regions of Canada and United States, filed a petition with the Inter American Commission on Human Rights (IACHR) seeking relief from violations of their rights resulting from rapid Arctic warming and melting caused by emissions of black carbon for which Canada has international responsibility. The petition is a detailed and comprehensive memorial that includes a thorough analysis of international human rights law and case law, as well as the evidence of some Athabaskan people claiming violations of their human rights.

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Options to Purchase and the Relentless Logic of Semelhago: One More Reason for the Legislative Repeal of a Disastrous Decision

PDF version: Options to Purchase and the Relentless Logic of Semelhago: One More Reason for the Legislative Repeal of a Disastrous Decision

Case commented on: Mylona Enterprises Ltd v Foundation Place Inc, 2013 ABQB 385.

Does an option to purchase that is subject to a number of contingencies afford the optionee an equitable interest in land for the purposes of establishing that the optionee has a proof of a claim under the Companies’ Creditors Arrangement Act, RSC 1985, c C-36? In this case Justice Yamauchi held that it does so notwithstanding the decision of the Supreme Court of Canada in Semelhago v Paramadevan, [1996] 2 SCR 415 and the decision of the Alberta Court of Appeal in 1244034 Alberta Ltd v Walton International Group Inc, 2007 ABCA 372.

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The Territorial Basis of Métis Hunting Rights

PDF version: The Territorial Basis of Métis Hunting Rights

Case commented on: R v Hirsekorn, 2013 ABCA 242.

There is something special about the Cypress Hills area of southeast Alberta and southwest Saskatchewan. I remember my first visit to this beautiful area some twenty years ago and although I have not been back more than a handful of times since, the region still resonates vividly in my memory of landscapes and seascapes. The special nature of this region was also recognized by the aboriginal peoples of the plains long before colonial settlement although it was clearly contested territory as between Blackfeet peoples to the west and Cree peoples to the east. Indeed, as the record in this case amply demonstrates, the Cypress Hills was a place for visits and for forays but not a place to stay for a long time. And if this was true for the Blackfeet and Cree it was even more so for the Métis who could not safely stay in the area before the North West Mounted Police established a presence there in 1874.

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