ABLawg

It has long been a legal principle in Canada that there is no recognized tort of discrimination; people should be pursuing remedies for discrimination from human rights tribunals: Board of Governors of Seneca College of Applied Arts and Technology v. Bhadauria, [1981] 2 S.C.R. 181. This basic principle is supported by another principle: there is no recognized cause of action for breach of a statute, especially in negligence: Canada v. Saskatchewan Wheat Pool, [1983] 1 S.C.R. 205. These principles were considered earlier this year in Honda Canada Inc. v. Keays, 2008 SCC 39, where the Supreme Court held that breach of a human rights code does not amount to an independent actionable wrong. However, a recent decision of the Alberta Court of Appeal confirms that these legal principles can be blurred when it comes to remedying wrongful dismissal that contains an element of discrimination.

Sentencing under the Youth Criminal Justice Act: Are Kids Really Getting Away with Murder?

By Greg Francis

On October 27, 2008

In Criminal, Youth and the Law

Cases Considered: R. v. T.W.T., 2008 ABCA 306; R. v. Williams, 2008 ABCA 317.

PDF Version: Sentencing under the Youth Criminal Justice Act: Are Kids Really Getting Away with Murder?

The Youth Criminal Justice Act, S.C. 2002, c. 1 (YCJA), has been the subject of a great deal of comment and discussion in recent months. Critics argue that the legislation does not adequately respond to youth crime, and the Conservative government has proposed an overhaul of the Act (see http://www.conservative.ca/EN/1091/106115). In the spring, Justice Minister Rob Nicholson toured the country conducting roundtable discussions with stakeholders, seeking feedback on the need to tighten bail provisions and impose automatic adult sentences for youth found guilty of serious and violent crime and repeat offences.

A Windfall Inheritance from a Distant Relative: Daydreams Only Come True for Some

By Jonnette Watson Hamilton

On October 25, 2008

In Wills and Estates

Cases Considered: Hilstad Estate, 2008 ABQB 570

PDF Version: A Windfall Inheritance from a Distant Relative: Daydreams Only Come True for Some

Who hasn’t daydreamed about inheriting a fortune from some distant and unheard of relative? I suppose one of the reasons it is a fairly common reverie is because, occasionally, it really does happen. This case is about one of those occasions. In September 2008, the maternal second cousins of Mary Hilstad who were alive in her death in 1963 inherited over $900,000 in royalty payments from mines and minerals. Those second cousins are probably deceased themselves by now, but some unsuspecting child or grandchild of theirs is probably about to become more comfortable financially. Their daydreams will come true thanks to the original owner of the mines and minerals, Olaf Christian Hilstad, who died in 1915 in the Judicial District of Red Deer, Alberta, without a will, spouse or children.

The Limits of Limitations for Human Rights Complaints

By Linda McKay-Panos

On October 22, 2008

In Human Rights

Cases Considered: Ji v. Alberta (Human Rights and Citizenship Commission), 2008 ABQB 571

PDF Version: The Limits of Limitations for Human Rights Complaints

A recent Alberta Court of Queen’s Bench case brings to the fore the issue of strict limitation provisions in human rights cases. The limitation issue applies both to making a complaint and to the strict procedural time rules imposed during the complaint process. These rules seem overly harsh in view of the fact that most complainants are not represented by lawyers and the requirements can be quite confusing and complex.

Recovering Increased Rent From a Residential Tenant After Serving a Termination Notice

By Nickie Nikolaou

On October 19, 2008

In Landlord/Tenant, Property

By: Nickie Vlavianos

PDF Version: Recovering Increased Rent From a Residential Tenant After Serving a Termination Notice

Case Commented On: Merkl v Wallburger, 2008 ABPC 264

In 2007, amendments were made to Alberta’s residential tenancy legislation to give tenants some protection from the challenges of rent increases and the difficulties of finding affordable rental accommodations in a province experiencing an economic boom. Many critics said the amendments did not go far enough. This recent decision of Provincial Court Judge Derek G. Redman highlights the piecemeal nature of these amendments, and the fact that, despite the amendments, Alberta’s Residential Tenancies Act, S.A. 2004, c. 17.1 (RTA) remains a landlord-friendly statute.

Mandatory Retirement and Wrongful Dismissal: An Age Old Question of Compensation for Discrimination

Sentencing under the Youth Criminal Justice Act: Are Kids Really Getting Away with Murder?

A Windfall Inheritance from a Distant Relative: Daydreams Only Come True for Some

The Limits of Limitations for Human Rights Complaints

Recovering Increased Rent From a Residential Tenant After Serving a Termination Notice