ABLawg - - Page 300

Case considered: Smith v St Albert (City), 2012 ABQB 780.

In January, 2013, Alberta Court of Queen’s Bench Justice Terry Clackson ruled that a recent St. Albert bylaw that restricted the sale of drug paraphernalia must be struck down, because the bylaw fell outside the jurisdiction of the municipality (i.e., it was ultra vires). The bylaw in this case prohibited the display or sale of more than two products from a list of banned items, including pipes, marijuana grinders or products which display an image of a marijuana leaf. Business establishments that sell these and other forms of drug paraphernalia are sometimes referred to as “bong” or “head” shops, and exist in many municipalities across Canada.

Whoever heard of such a thing? A Crown oil and gas lease an intangible form of personal property?

By Nigel Bankes

On March 1, 2013

In Bankruptcy and Insolvency, Oil & Gas

PDF version: Whoever heard of such a thing? A Crown oil and gas lease an intangible form of personal property?

Case considered: Kasten Energy Inc v Shamrock Oil and Gas Ltd, 2013 ABQB 63.

In this case Justice Lee granted Kasten’s application to appoint a receiver\manager over all of the assets of Shamrock, including Shamrock’s Crown oil and gas lease. Kasten was a secured creditor of Shamrock claiming under a general security agreement (GSA) over Shamrock’s present and after acquired personal property. In the course of making his decision to appoint a receiver Justice Lee concluded that Shamrock’s lease was an intangible form of personal property. Kasten brought its application for the appointment of a receiver\manager Kasten under section 13(2) of the Judicature Act, RSA 2000, c J-2 rather than under section 65(7) of the Personal Property Security Act, RSA 2000, c P-7 (PPSA).

Limitation Periods and the Subjective Element

By Colleen Ma

On February 28, 2013

In Limitations

PDF version: Limitation Periods and the Subjective Element

Case considered: Boyd v Cook, 2013 ABCA 27.

As my University of Calgary law professors repeat time after time, a missed limitation date is one of the few things you cannot fix as a lawyer. So, when I came across this recent Alberta Court of Appeal case, naturally I paid close attention. The underlying claim was an investment in an unsuccessful development project. Mr. Cook induced Mr. Boyd to invest in a mortgage company. The majority of the funds were used to invest in a development project that Mr. Boyd had flatly refused on several occasions to invest in. Mr. Boyd filed a Statement of Claim. Mr. Cook sought summary dismissal on limitation grounds. A Master dismissed the summary dismissal application (2012 ABQB 284), which was upheld by a chambers judge. It looked like the parties were going to trial. However, the Court of Appeal decided to allow the limitations defense.

A Charter Right to Search Google TM*

By Martin Kratz

On February 27, 2013

In Constitutional, Criminal

PDF version: A Charter Right to Search Google

Decision considered: R v McKay, 2013 ABPC 13.

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new reality.

Migratory Birds and the City

By Shaun Fluker

On February 25, 2013

In Environmental, Protection of Species

PDF version: Migratory Birds and the City

Decision considered: Podolsky v Cadillac Fairview Corp. [2013] OJ No 581 (QL) [Note as of date of writing this decision is not available online at Canlii or the Ontario Court of Justice].

In this recent decision of the Ontario Court of Justice, Justice Melvyn Green finds the corporate defendant property developers and managers not guilty of charges laid against them by Ecojustice as a private prosecutor under the federal Species at Risk Act, SC 2002, c 29 as well as the Ontario Society for the Prevention of Cruelty to Animals Act, RSO 1990, c O.36 and the Environmental Protection Act, RSO 1990, c E.19. The substance of these charges is the physical harm or death suffered by migratory birds when they collide with urban buildings. Justice Green rules the prosecution established beyond a reasonable doubt that the defendants committed the actus reus of the offences, and he also finds the defendants established on the balance of probabilities that they took reasonable steps to avoid the bird collisions. Accordingly, Justice Green acquits the defendants on all charges.

Selling Drug Paraphernalia a Pithy Criminal Substance

Whoever heard of such a thing? A Crown oil and gas lease an intangible form of personal property?

Limitation Periods and the Subjective Element

A Charter Right to Search Google TM*

Migratory Birds and the City