ABLawg

Decision commented on: Alberta (Education) v Canadian Copyright Licensing Agency, 2012 SCC 37.

As a first year student last year, I remember various professors telling us that, due to the University of Calgary’s copyright policy, they were no longer able to post certain materials to Blackboard (a digital course management system); instead we were given instructions to download the materials ourselves. At the time I remember internally questioning this artificial distinction and how it really protected copyright since in either case I was responsible to read the required material at the direction of the professor.

Issuance of a Notice of Abandonment under Clause 1201 of CAPL is an Attempt to Exercise a “Right to Remedy” within the Meaning of the Typical Stay Provisions of a Receivership Order

By Nigel Bankes

On September 13, 2012

In Bankruptcy and Insolvency, Oil & Gas

PDF version: Issuance of a notice of abandonment under clause 1201 of CAPL is an attempt to exercise a “right to remedy” within the meaning of the typical stay provisions of a Receivership Order

Case Commented On: Baytex Energy Ltd. v Sterling Eagle Petroleum Corporation, 2012 ABQB 539

The Facts

Baytex and Sterling held 50% working interests in certain properties by way of various agreements of 1995 and 1996. The properties were also subject to the terms of the CAPL Operating Procedure. There were a number of producing wells on the joint lands and four non-producing wells. Sterling was placed in receivership in June 2011 and the terms of the Receivership Order were brought to the attention of Baytex in August 2011. Revenues from the producing wells continued to be paid to the Receiver. The Order, conventionally, provided that:

The letter decisions of the Energy Resources Conservation Board

By Nigel Bankes

On September 6, 2012

In Administrative Law, Natural Resources

PDF version: The letter decisions of the Energy Resources Conservation Board

Decision commented on: Reasons for July 17, 2012 Decision on Notice of Question of Constitutional Law, Osum Oil Sands Corp., Taiga Project, August 24, 2012.

In a letter decision of August 24, 2012 the Energy Resources Conservation Board (ERCB or Board) decided that it lacks the jurisdiction to determine whether or not the Crown in right of Alberta had discharged its duty to consult and accommodate the Cold Lake First Nation (CLFN) with respect to the impacts of a proposed SAGD bitumen project (the Taiga project).

Who decides if the Crown has met its duty to consult and accommodate?

By Nigel Bankes

On September 6, 2012

In Aboriginal, Administrative Law, Constitutional, Natural Resources

PDF version: Who decides if the Crown has met its duty to consult and accommodate?

Decision commented on: Reasons for July 17, 2012 Decision on Notice of Question of Constitutional Law, Osum Oil Sands Corp., Taiga Project, August 24, 2012.

In a letter decision of August 24, 2012 (hereafter LD) the ERCB decided that it lacks the jurisdiction to determine whether or not the Crown in right of Alberta had discharged its duty to consult and accommodate the Cold Lake First Nation (CLFN) with respect to the impacts of a proposed SAGD (steam assisted gravity drainage) in situ bitumen project (the Taiga Project).

Discuss: Stay and Appeal Issues in the Alberta Arbitration Act

By Jonnette Watson Hamilton

On September 6, 2012

In Arbitration

PDF version: Discuss: Stay and Appeal Issues in the Alberta Arbitration Act

Report commented on: Arbitration Act: Stay and Appeal Issues (Report for Discussion 24)

The Alberta Law Reform Institute (ALRI) has just published Arbitration Act: Stay and Appeal Issues (Report for Discussion 24). In this 44-page Report, ALRI explores procedural issues arising out of the Arbitration Act, RSA 2000, c A-43, concerning partial stays of court proceedings under section 7(5) and appeals to the Queen’s Bench under section 44, and very important questions about the role of arbitral appeals more generally. The Report explains the issues, describes their context and asks for input about how best to fix the difficulties identified.

Copyright in the School Setting: Interpreting “Private Study”

Issuance of a Notice of Abandonment under Clause 1201 of CAPL is an Attempt to Exercise a “Right to Remedy” within the Meaning of the Typical Stay Provisions of a Receivership Order

The letter decisions of the Energy Resources Conservation Board

Who decides if the Crown has met its duty to consult and accommodate?

Discuss: Stay and Appeal Issues in the Alberta Arbitration Act