Duty to consult application is premature – what’s the big deal?

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Case and decision commented on: Metis Nation of Alberta Region 1 v Joint Review Panel, 2012 ABCA 352 and decision of the Joint Review Panel

 In this decision Justice Slatter denied the application of the Metis Nation and of the Athabasca Chipewyan First Nation (ACFN) for leave to appeal the decision of the Joint Review Panel (JRP) constituted to deal with Shell’s Jackpine Mine Expansion Project application.  In its decision the JRP concluded that it did not have jurisdiction to assess whether or not the Crown had fulfilled its duty to consult with respect to the Jackpine Mine Project.  In the alternative, the JRP concluded that any application to assess whether or not the Crown had fulfilled its constitutional obligation was premature.  The JRP is established by federal\provincial executive agreement and has the responsibility of discharging obligations under both the federal Canadian Environmental Assessment Act, 2012, SC 2012, c 19 and the responsibilities of the provincial Energy Resources Conservation Board under a number of statues including the Oil Sands Conservation Act, RSA 2000, c O-7 – all with respect to the Jackpine Mine expansion project.

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Random Drug and Alcohol Testing Policy Implicates Safety, Privacy, Human Rights and Civil Liberties

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Case commented on: Communications, Energy and Paperworkers Union, Local 707 v Suncor Energy Inc. 2012 ABCA 307 (“CA”)

The issue of random drug and alcohol testing in the workplace has now reached national importance.  The Supreme Court of Canada recently granted leave to appeal in such a case.  See:  Communication, Energy and Paperworkers Union of Canada, Local 30, v Irving Pulp & Paper Ltd., 2011 NBCA, leave to appeal to Supreme Court of Canada (“SCC”) granted: 2012 CanLII 14844 (SCC), (“Irving”).  It is likely the SCC will hear this case in December 2012 (Jeff Gray, “Supreme Court to rule on random alcohol testing” The Globe and Mail 08 May 2012).  Alberta has a keen interest in the outcome of this case as it has its own pending cases.

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Managed property, the reserve fund, ultra vires doctrine and other issues in interpreting the Condominium Property Act

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Case commented on: Maciejko v Condominium Plan No. 9821495, 2012 ABQB 607

Maciejko v Condominium Plan No. 9821495 (“Shores“) is posed to be an extremely significant case for the Condominium Property Act, RSA 2000, c C-22 the (“Act“).  The case deals with questions that go to the root of the practice area.  How should the powers of a condominium corporation be interpreted?  What is a “unit”?  What is the role of the condominium plan?  The answers to such fundamental questions have a significant impact not only for Shores itself, but also for hundreds of other condominiums in Alberta similarly set-up.  The questions also have significant importance to the entire condominium practice area and, at a more practical level, the use of the Act as a tool for the development and empowerment of condominium communities.

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Leave to appeal granted in right to public transit case

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Case commented on: R v S.A., 2012 ABCA 323

The S.A. case, which concerns the right to use public transit and the constitutionality of trespass legislation as applied to public property, has been the subject of two previous judicial decisions (here and here) and two previous ABlawg posts (here and here).  On November 7, 2012, Madam Justice Myra Bielby of the Alberta Court of Appeal granted S.A. to leave to appeal the Court of Queen’s Bench decision that overturned the trial decision finding a Charter violation in her favour. Continue reading →

Proprietary estoppel is alive and well in Alberta (at least for the over fifties)

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Case commented on: Parkdale Nifty Fifties Seniors Association v Calgary (City), 2012 ABCA 301

I confess that I don’t find the name “Nifty Fifties” especially endearing, especially when associated with the term “seniors.”  Indeed, it is disconcerting to learn from this decision that the qualifying age for entry to the plaintiff’s society is not some respectable, far-off, likely unattainable, age like 70, no, not even 65, but 50!! (the bar was apparently lowered from the 55 to 50 sometime post 1983).  Quite why any self-respecting 50 year old would voluntarily associate (self-identify) with an organization trumpeting this name is quite beyond me.  So, no sympathy with the plaintiff\respondent’s name, but lots of sympathy with the cause, and lots of interest in the idea of proprietary estoppel – indeed, notwithstanding the advancing years I still recall, without prompting, one of the leading proprietary estoppel cases I came across at law school in the UK, a case which rejoices in the name of Dillwyn v Llewelyn, [1862] 4 De GF & J 517, 45 ER 1285 (a case that doesn’t come to mind without also calling to mind Dylan Thomas’, Llareggub in Under Milk Wood – and for those not in the know, try that backwards); and yes, I digress.

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