ABLawg

Donald Marshall, David Milgard, and Guy Paul Morin are the troika of wrongful conviction cases in Canada, bringing to mind overzealous prosecution of innocent persons and the compensation required to right those wrongs. But what about the opposite scenario, where the failure to prosecute is alleged to constitute a rights infringement deserving of compensation? This was the argument made by the claimants in a recent Alberta case.

Queen’s Bench Boosts Municipal Bylaw Making Powers

By Arlene Kwasniak

On August 5, 2008

In Municipal Law

Cases Considered: William Holowatiuk v. Beaver County, 2008 ABQB 290

PDF Version: Queen’s Bench Boosts Municipal Bylaw Making Powers

This decision takes a broad view of municipal powers granted under the Alberta Municipal Government Act (R.S.A. 2000, c. M-26) (MGA). In doing so it finds that statutory provisions that limit municipal powers may not limit municipal bylaw making power. Although the Court engaged in an extensive historical and statutory interpretation exercize in reaching its decision, in my view, the decision failed to consider a key provision of the MGA, section 13. If it had, the Court might well have reached a different conclusion.

Conflicting Interests, Conflicting Judgments and the Ethical Obligations of Lawyers and Judges

By Alice Woolley

On August 1, 2008

In Ethics and the Legal Profession

Cases Considered: Hughes Estate v. Hughes [2008] A.J. No. 739 (Q.B.) (Q.L)
Note: We will add a link when this judgment is posted on the Alberta Courts website.

PDF Version: Conflicting Interests, Conflicting Judgments and the Ethical Obligations of Lawyers and Judges

Introduction
At what point do a lawyer’s personal beliefs create a disqualifying conflict of interest? What are the obligations of a judge when a party is unrepresented by counsel? In addition to other issues (not discussed here), the Alberta Court of Queen’s Bench judgment in Hughes Estate v. Hughes [2008] A.J. No. 739 (hereinafter “Hughes Estate“) raises these problems, the first directly and the second indirectly.

Ability to Sue in Alberta for Injuries Sustained on a Holiday Abroad

By Nicholas Rafferty

On July 29, 2008

In Conflict of Laws

Cases considered: Robinson v. Fiesta Hotel Group Resorts, 2008 ABQB 311

PDF Version: Ability to Sue in Alberta for Injuries Sustained on a Holiday Abroad

If like many Canadians you decide to take a winter vacation to follow the sun and you sustain serious personal injuries because of the negligence of your hotel, you may well want to sue the hotel in Alberta. Can you do so? Is it worthwhile to do so? These were two of the questions facing James Robinson.

What’s Wrong with Landlords’ Rights?

By Jonnette Watson Hamilton

On July 22, 2008

In Property, Remedies

Cases Considered: 550 Capital Corp. v. David S. Cheetham Architect Ltd., 2008 ABQB 370

PDF Version: What’s Wrong with Landlords’ Rights?

Is it wrong for a landlord to insist on compliance with a term of a commercial lease? The recent judgment of Mr. Justice Sandy Park in 550 Capital Corp. v. David S. Cheetham Architect Ltd. certainly seems to indicate that it is inequitable for a landlord to require a tenant to do what it should have done, namely, to request the landlord’s consent to an assignment of the lease. The unidentified type of estoppel found to prevent the landlord from terminating the lease and the unnecessary relief from forfeiture granted so that the tenant could undo its assignment both appear, with all due respect, to be unjustified both on the facts and the law.

No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case

Queen’s Bench Boosts Municipal Bylaw Making Powers

Conflicting Interests, Conflicting Judgments and the Ethical Obligations of Lawyers and Judges

Ability to Sue in Alberta for Injuries Sustained on a Holiday Abroad

What’s Wrong with Landlords’ Rights?