ABLawg

Case considered: R v Pooran; R v Vaillant, 2011 ABPC 77

Significant consequences can arise from what might otherwise have appeared to be just another mundane case; in this instance, charges under Alberta’s Traffic Safety Act, R.S.A. 2000, c. T-6. The facts and charges that led to Sonia Pooran and Guy Vaillant standing trial before a provincial court judge on April 14 are not important. What is important is that the entire proceedings will be in French, after a provincial court judge in Calgary decided they have that right.

Protection Against Family Violence Act Amended

By Jennifer Koshan

On April 7, 2011

In State Responses to Violence

PDF version: Protection Against Family Violence Act Amended

Legislation commented on: Bill 2, Protection Against Family Violence Amendment Act, 2011, S.A. 2011 c.4

Bill 2, the Protection Against Family Violence Amendment Act, 2011, makes several important changes to the Protection Against Family Violence Act, R.S.A. 2000, c. P-27 (PAFVA). The Bill, which was supported by all parties in the Alberta Legislature, received Royal Assent on March 18, 2011 and is currently awaiting proclamation. This post will review the major changes the Bill makes to the Act, having regard to the objectives of the framers of the PAFVA, judicial interpretations of the PAFVA, an independent evaluation of the PAFVA, and the legislative debates on the amendments.

New Rules of Court Interpreted: Rule 5.41 and Medical Examinations

By Admin

On April 4, 2011

In Civil Procedure: New Rules of Court

Case commented on: Nystrom v. Ranson, 2011 ABQB 116

The Plaintiff alleged physical injuries resulting from a motor vehicle accident. He claimed that his physical injuries limited his present and future vocational options and claimed past and future lost income. No psychological harm was expressly alleged in the statement of claim. The Plaintiff proposed to introduce expert evidence from an occupational therapist and a vocational counsellor at trial, in addition to the evidence of a physician and an orthopaedic surgeon. The Plaintiff agreed to an examination by two of the Defendants’ experts, an occupational therapist and a vocational therapist, but brought an application to limit the length and scope of those examinations.

New Rules of Court Interpreted: Rule 13.7 and Fraudulent Misrepresentation

By Admin

On April 4, 2011

In Civil Procedure: New Rules of Court

Case commented on: Terrace Consulting Inc. v. Jackson, 2011 ABQB 108

The Plaintiff applied for summary judgment to enforce its remedies under an offer to purchase a condominium. The Defendants alleged misrepresentation and contended that they were told they were signing a rent to own contract. They also counterclaimed for damages in the amount of the deposit paid, which they understood to be refundable. The Defendants argued that in light of the misrepresentation, summary judgment should not be granted. The Plaintiff argued that an entire agreement clause in the purchase contract precluded the defence of misrepresentation and summary judgment should be granted.

The legal status of the commitment by Alberta’s irrigation districts to share the shortage

By Nigel Bankes

On April 1, 2011

In Water Law

PDF version: The legal status of the commitment by Alberta’s irrigation districts to share the shortage

Document commented on: Declaration re: Sharing Water for Human Needs and Livestock Sustenance During Water Shortages, Alberta Irrigation Projects Association

Last week, on World Water Day, March 22, Alberta’s thirteen irrigation districts (acting through the Alberta Irrigation Projects Association) passed a declaration entitled “Sharing Water for Human Needs and Livestock Sustenance During Water Shortages”. The Declaration is an important political statement by Alberta’s Irrigation Districts. The purpose of this blog is to assess the legal significance of the Declaration. Before doing that I will set out the Declaration and explain just what it is that the Declaration is trying to do.