ABLawg

Case considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2009 ABCA 99, reversing 2008 ABQB 444

PDF version: Court of Appeal rejects the constructive trust analysis in Brookfield

The Court of Appeal by a 2:1 majority (Justices Frans Slatter and Patricia Rowbotham for the majority, Justice Ronald Berger dissenting) has overruled the decision at trial by Justice Bruce McDonald to impose a constructive trust on the assets of an operator beyond the express trust provided for by clause 507 of the CAPL Agreement.

Successful application for summary dismissal in an oil and gas lease validity case

By Nigel Bankes

On June 23, 2009

In Oil & Gas

Case considered: Desoto Resources Limited v Encana Corporation, 2009 ABQB 337

PDF version: Successful application for summary dismissal in an oil and gas lease validity case

In this case Jodie L. Mason, Master in Chambers, granted summary dismissal of an action brought by Desoto as proceedings to justify the continuation of its caveat. I have blogged on this fact pattern on a previous occasion as a comment on the Board’s decision to suspend Desoto’s licence.

Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries

By Jennifer Koshan

On June 22, 2009

In Constitutional, Insurance Law

By: Jennifer Koshan

PDF Version: Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries

Case Commented On: Morrow v Zhang, 2009 ABCA 215, overturning 2008 ABQB 98

Last February, Associate Chief Justice Neil Wittmann of the Alberta Court of Queen’s Bench found that the $4000 cap on non-pecuniary damages for soft tissue injuries violated the equality rights of motor vehicle accident victims, and could not be justified as a reasonable limit under section 1 of the Charter (see my earlier post on this case: Not on Their Backs: Cap on Damages for Soft Tissue Injuries Struck Down; Court Denies Stay of Remedy Pending Appeal). This decision was overturned by the Alberta Court of Appeal on June 12, 2009. Writing for a unanimous Court, Justice Patricia Rowbotham (with Justices Elizabeth McFadyen and Clifton O’Brien concurring) held that when viewed in the context of the overall scheme of insurance reforms, the cap did not violate section 15 Charter equality rights. In addition to its significance for the auto insurance industry and Alberta drivers, this decision is of interest as the first judgment of the Alberta Court of Appeal to consider section 15 since the Supreme Court of Canada set out a new approach to equality rights in R v Kapp, 2008 SCC 41.

Enforcing a Montana Judgment in Alberta: A Perilous Pursuit?

By Nicholas Rafferty

On June 17, 2009

In Conflict of Laws

Case considered: Laasch v. Turenne, 2009 ABQB 267

PDF version: Enforcing a Montana Judgment in Alberta: A Perilous Pursuit

A Montana resident secures a large money judgment in his or her home state. The judgment creditor needs to enforce that judgment in Alberta because the judgment debtor resides and maintains assets in this province. You are retained to effect the enforcement of that judgment. What are the available options? What are the advantages and disadvantages of each? These questions lay at the heart of Laasch v. Turenne.

Queen’s Bench Follows Business Watch rather than Kellogg, Brown and Root Regarding Jurisdiction of Privacy Commissioner

By Linda McKay-Panos

On June 16, 2009

In Administrative Law, Privacy

Case considered: Edmonton Police Service v. Alberta (Information and Privacy Commissioner), 2009 ABQB 268

PDF version: Queen’s Bench Follows Business Watch rather than Kellogg, Brown and Root Regarding Jurisdiction of Privacy Commissioner

In an earlier post on Kellogg, Brown and Root (“KBR“), 2007 ABQB 499, I noted the unfortunate impact on a complainant when, as provided in the Personal Information Protection Act, R.S.A., 2000, c. 6.5 (“PIPA“), the Privacy Commissioner failed to launch an Inquiry within 90 days, and the Alberta Court of Queen’s Bench held that PIPA s. 50(5) was mandatory. Thus, the Privacy Commissioner lost jurisdiction. The matter was appealed, and Alberta Court of Appeal did not deal with the issue, as the complainant had died, and the appeal was declared moot (see 2008 ABCA 384).

The Edmonton Police Service (“EPS”) case seems to indicate that the KBR decision may be distinguished and confined to its specific facts.

Court of Appeal Rejects the Constructive Trust Analysis in Brookfield

Successful application for summary dismissal in an oil and gas lease validity case

Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries

Enforcing a Montana Judgment in Alberta: A Perilous Pursuit?

Queen’s Bench Follows Business Watch rather than Kellogg, Brown and Root Regarding Jurisdiction of Privacy Commissioner