ABLawg

Access to Justice and Costs Against the Crown

On April 16, 2014

By: Sarah Burton

PDF Version: Access to Justice and Costs Against the Crown

Case commented on: R v A.Y.A., 2014 ABQB 103

In R v A.Y.A., 2014 ABQB 103 [AYA], the Honourable Madam Justice C.A. Kent suggested that access to justice considerations have a role to play in awarding costs against the Crown. AYA built on pre-existing case law that laid the groundwork to make this exceptional award in situations where there was no Crown misconduct. Prior to AYA, however, applicants had been unsuccessful in achieving these ends. This decision is particularly fascinating because Justice Kent used access to justice concerns to distinguish the case before her from the earlier unsuccessful case law. In the process (and despite Justice Kent’s best efforts to narrowly confine the decision) AYA raises wide-ranging questions about remedial entitlements for access to justice breaches.

The Abatement of Rent Remedy under Alberta’s Residential Tenancies Act

By Jonnette Watson Hamilton

On April 14, 2014

In Landlord/Tenant, Property

By: Jonnette Watson Hamilton

PDF Version: The Abatement of Rent Remedy under Alberta’s Residential Tenancies Act

Case Commented On: Perpelitz v Manor Management Ltd., 2014 ABPC 63

There are few enough written decisions considering the landlord’s duties under Alberta’s 10-year-old Residential Tenancies Act, SA 2004, c R-17.1, that almost any decision considering the statute is worth bringing to the notice of the province’s landlords and tenants. But this decision by Judge Gordon Yake is interesting on its own merits for a few reasons.

A Pricked Condom: Fraudulently Obtained Consent or No Consent in the First Place?

By Joshua Sealy-Harrington

On April 9, 2014

In Criminal, State Responses to Violence

By: Joshua Sealy-Harrington

PDF Version: A Pricked Condom: Fraudulently Obtained Consent or No Consent in the First Place?

Case commented on: R v Hutchinson, 2014 SCC 19

This post discusses a recent decision from the Supreme Court of Canada addressing consent in the context of sexual assault. The Court was unanimous on its final destination: dismissing the appellant’s appeal of his conviction for sexual assault. However, the Court narrowly split, 4-3, on the path taken to get there. More specifically, the Court split on whether deliberately and secretly sabotaging a condom renders sexual activity with that condom non-consensual because the victim’s consent was obtained fraudulently or because she never consented in the first place. This post reviews these two alternate approaches, notes their subtle overlap, and concludes that the state of consent in Canadian law is left unclear following this decision.

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Seasonal Workers and Discriminatory Benefits: The NWTCA Provides Some Clarity

By Jennifer Koshan

On April 8, 2014

In Human Rights

By: Jennifer Koshan

PDF Version: Seasonal Workers and Discriminatory Benefits: The NWTCA Provides Some Clarity

Case commented on: NWT (WCB) v Mercer, 2014 NWTCA 01 (Can LII)

This decision from the Northwest Territories Court of Appeal was passed on to me by an ABlawg reader in response to one of my recent posts on the ongoing uncertainty regarding the test for discrimination under human rights legislation. The decision is important in several ways. First, it finds that the standard of review for a decision on discrimination is reasonableness. Second, it affirms the application of the prima facie test for discrimination, most recently discussed by the Supreme Court of Canada in Moore v British Columbia (Education), 2012 SCC 61 (CanLII), [2012] 3 SCR 360. Third, and relatedly, it indicates that the government’s objectives for a particular statute should be considered at the justification stage of analysis rather than under the prima facie discrimination stage. Fourth, it finds that seasonal workers can be seen as a group protected by human rights legislation under the ground of social condition (which includes source of income). I will elaborate upon all of these findings in this comment.

ABlawg participates in the Launch of Can LII Connects

By Admin

On April 4, 2014

In Blogs and Websites

On April 4, 2014, Can LII launched a new project called Can LII Connects. This site will provide summaries of and commentary on Canadian cases reported on Can LII. Case comments will be accessible via Can LII Connects and via the Can LII website, and Can LII Connects also has a blog. ABlawg was very pleased to be asked to participate in this project as one of a few law blogs to post historical content in time for the launch. To access ABlawg’s content on Can LII Connects, readers can use the Search function or choose to filter by Publisher. Readers can concur with comments on Can LII Connects, or add their own commentary. All new case comments on ABlawg will be cross-posted to Can LII Connects from here on in. We encourage our readers to check out this excellent new resource.