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The Proper Person to Renew an Assigned Lease

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On March 15, 2012

In Property

PDF version: The Proper Person to Renew an Assigned Lease

Case considered: C & H Properties Inc. v Amos (Discount Thrift Store), 2012 ABQB 106

Carelessness with respect to assignments and subleases can easily jeopardize commercial tenants’ rights to renew their leases. Many tenants assign or sublet their rented commercial premises without seeking their landlord’s consent, which is usually required by the terms of their lease. Many commercial tenants do not seem to know the difference between assignments and subleases. Neither do they appear to realize that when they assign their lease, they lose the right to renew the lease and only their assignee has that right, whereas if they sublet then they retain the right to renew the lease. Perhaps that is why commercial lease negotiation consulting appears to be a growing business in North America. However, despite some assistance from a consultant in this case, the tenant was never able to overcome a lack of attention to details in the lease or their confusion about the difference between an assignment and a sublease.

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The European Fuel Quality Directive: Will It Slay or Will It Go?

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On March 12, 2012

In Climate Change, Environmental, International Law, Oil & Gas

By: Matthew Ducharme

PDF Version: The European Fuel Quality Directive: Will It Stay or Will it Go? 

Document Commented On: Draft Implementing Measure to the European Union Fuel Quality Directive, February 23, 2012

On February 23, 2012, a European Union (EU) drafting committee voted on a draft law that discriminates against bitumen. This was the Draft Implementing Measure to the European Union Fuel Quality Directive (Implementing Measure). The Canadian press reported the vote ended in a stalemate. The press also noted that the law would be reconsidered in the late spring or early summer (National Post; CBC; Globe and Mail).

If the EU enacts the law it will have made a step in its fight against climate change, but the market for bitumen may be negatively impacted. If the law dies, Canada can expect a higher price on the sale of its bitumen in overseas markets. This note examines the February 23 vote within the EU law making process.

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The Equality Effect: Recognizing 160 Girls on International Women’s Day

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On March 8, 2012

In Constitutional, Human Rights, State Responses to Violence

March 8 is International Women’s Day, and Calgary law firm Burnet, Duckworth & Palmer marked the occasion with a luncheon highlighting the work of the Equality Effect. The Equality Effect – or E2 – is an international network of human rights advocates (including community members, artists, musicians, film makers, health care workers, journalists, lawyers, academics, students, judges and Parliamentarians), primarily from Canada, Ghana, Kenya and Malawi, who are working to improve the lives of women and girls using human rights law. Fiona Sampson, E2’s Executive Director, spoke at the luncheon about the 160 Girls Project, a legal initiative aimed at forcing Kenyan authorities to protect girls in Kenya from sexual violence. I am part of the vast volunteer legal team that is working on this project, which includes students from across the country, as well as lawyers and activists from the Equality Effect’s partner countries. Also attending the luncheon were U of C law students Gabrielle Motuz, Amanda Winters, and Meghan Tonner, all of whom have done volunteer research for the Equality Effect (along with many more student volunteers from U of C who could not attend or who have graduated).

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JSS BARRISTERS RULES

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On March 7, 2012

In Civil Procedure

Jensen Shawa Solomon Duguid Hawkes LLP is pleased to provide summaries of recent Court Decisions which consider the Alberta Rules of Court and comment on the application of the new Rules. JSS BARRISTERS RULES provides a convenient overview of how the Courts are interpreting the new Rules.

The fourth edition of the JSS BARRISTERS RULES Newsletter is now available on our website at www.jssbarristers.ca. Our website also features a Cumulative Summary of Court Decisions which consider the Alberta Rules of Court. The Cumulative Summary of the Rules is organized by the Rule considered, and includes an expanded summary of the Decisions including key quotations from the Decisions. The Cumulative Summary will continue to be updated regularly to ensure that it provides an ongoing and current resource for those interested in the consideration of the Rules of Court on a cumulative basis

Future JSS Barristers Rules Newsletter issues will be available online at www.jssbarristers.ca. If you would like to review past publications of JSS BARRISTERS RULES or receive electronic issues of future JSS BARRISTERS RULES via email when they are published, please visit our website at www.jssbarristers.ca.

Competing Uses of Geological Space: Resolving Conflicts Between Production and Natural Gas Storage

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On February 29, 2012

In Oil & Gas

By: Nigel Bankes

PDF Version: Competing Uses of Geological Space: Resolving Conflicts Between Production and Natural Gas Storage 

Decision Commented On: Kallisto Energy Corp. Application for a Well Licence Crossfield East Field, 2012 ABERCB 005, February 24, 2012

This decision deals with the potential for conflict between conventional oil and gas operations and natural gas storage projects.

The idea of resource use or landscape level conflicts is familiar to us in the context of the use of the surface. Consider, for example, the conflicts between recreation and forestry interests, between forestry and oil sands or conventional oil and gas exploration. The idea of competing uses of the subsurface is less familiar but our search for new resources or the application of new technologies to known resources is increasing the potential for those subsurface conflicts. High pressure fracturing operations to stimulate production either from shallow oil formations or deeper shale gas formations raises concerns about the effect of these operations on potable groundwater resources, and proposals to sequester carbon dioxide in saline formations or depleted oil or gas reservoirs raises concerns of sterilizing hydrocarbon resources. The province’s new CCS regime explicitly addresses this scenario through a provision in the Oil and Gas Conservation Act, (OGCA) RSA 2000, c O-6, s. 39(1.1) which provides that the ERCB “may not approve a scheme for the disposal of captured carbon dioxide to an underground formation…unless the [applicant] satisfies the Board that the injection of the captured carbon dioxide will not interfere with (a) the recovery or conservation of oil or gas, or (b) an existing use of the underground formation for the storage of oil or gas.”

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