ABLawg

Once Again, ABCA deals with Jurisdictional Issue of Labour Arbitration Board vs. Human Rights Commission

Previously, the Alberta Court of Appeal dealt with the issue of what would occur if both the Human Rights Commission and another administrative body (such as a labour arbitration board) might have jurisdiction over an issue. In two decisions released one right after the other, Calgary Health Region v Alberta Human Rights and Citizenship Commission and Diana Hurkens-Reurink, 2007 ABCA 120 and Amalgamated Transit Union, Local 583 v City of Calgary and Labour Arbitration Board, 2007 ABCA 121, the ABCA held that where two tribunals were available, the employee or his/her union could pursue either avenue for a remedy. However, the Court also made it clear that the first tribunal’s decision might be binding on the second tribunal. Consequently, if the labour arbitrator found that there was no discrimination in the case, that ruling would probably be binding on the Commission (if that process occurred later).

New Rules of Court Interpreted: Rule 9.15, Setting Aside a Judgment

By Admin

On February 27, 2011

In Civil Procedure: New Rules of Court

Case commented on: Montes v. Al-Shiraida, 2011 ABQB 54

Manuel and Teresa Montes were injured in a motor vehicle accident. They each filed a statement of claim alleging that the accident was caused either by Al-Shiraida or by an unknown person operating a motor vehicle owned by Al-Shiraida. The Montes and the Administrator of the Motor Vehicles Accident Claims Act obtained consent judgments against Al-Shiraida. Al-Shiraida made two applications to set aside each of the consent judgments.

New Rules of Court Interpreted: Rule 6.37 and Notice to Admit

By Admin

On February 27, 2011

In Civil Procedure: New Rules of Court

Case commented on: Andriuk v. Merrill Lynch Canada Inc., 2011 ABQB 59

Andriuk filed a statement of claim against Merrill Lynch pursuant to the Class Proceedings Act, S.A. 2003, c. C-16.5. Merrill Lynch had indicated that it would not provide a statement of defence until after the certification hearing and Andriuk did not object. Andriuk then served Merrill Lynch with a Notice to Admit Facts under the former Rule 230. Merrill Lynch claimed the Notice to Admit Facts (called a “Notice to Admit” under New Rule 6.37) was premature and otherwise improper and brought an application to strike it. Madam Justice Sheilah Martin dismissed Merrill Lynch’s application.

Issue of Timing Arises Again: Alberta Court of Queen’s Bench Quashes Decision of Information and Privacy Commissioner for Reasonable Apprehension of Bias

By Linda McKay-Panos

On February 25, 2011

In Administrative Law, Privacy, Supreme Court of Canada

PDF version: Issue of Timing Arises Again: Alberta Court of Queen’s Bench Quashes Decision of Information and Privacy Commissioner for Reasonable Apprehension of Bias

Case considered: Alberta Teachers’ Association v Alberta (Information and Privacy Commissioner), 2011 ABQB 19 (“Wright“)

Once again, the issue of timing in the investigation of privacy complaints has been raised. In Alberta Teachers’ Association v Alberta (Information and Privacy Commissioner) (“Wright“), pending litigation on the issue of timing currently before the Supreme Court of Canada (“SCC”) prevented the Alberta Court of Queen’s Bench from dealing with the timing issue; see the “Supreme Court hears Alberta Privacy Case” post commenting on ATA News v Information and Privacy Commissioner, 2010 ABCA 26 (“ATA News“). Nevertheless, since timing was raised again as an issue in Wright, the outcome of the SCC decision in ATA News will be important.

Court of Appeal grants relief from forfeiture in an oil and gas lease case

By Nigel Bankes

On February 24, 2011

In Oil & Gas

PDF version: Court of Appeal grants relief from forfeiture in an oil and gas lease case

Case commented on: Canpar Holdings Ltd. v. Petrobank Energy and Resources Ltd., 2011 ABCA 62

The principal significance of this case is that it confirms that the Court may relieve against the forfeiture of an oil and gas lease that is terminated for cause (in this case failing to calculate and tender royalties as prescribed by the lease) – as opposed to termination in accordance with its own terms (e.g. for failure to drill or produce), in which case there can be no relief. In granting relief the Court signals that it will draw guidance from non-oil and gas cases dealing with relief from forfeiture. I think that this is the first reported decision in which the Court of Appeal has exercised its discretion to relieve against forfeiture in an oil and gas lease case.