ABLawg

Challenging Purchasers’ Ability to Obtain Specific Performance of Agreements for the Purchase and Sale of Land

365733 Alberta Ltd. v. Tiberio illustrates how commonplace challenges to purchasers’ ability to claim interests in land under purchase and sale agreements have become. Before the 1996 decision of the Supreme Court of Canada in Semelhago v. Paramadevan, [1996] 2 S.C.R. 415, courts granted specific performance of agreements for the purchase and sale of land, forcing reluctant vendors to live up to bargains. Performance of the agreement was mandated because land was seen as unique, something whose loss could not be compensated for in monetary damages. Land was not like mass produced consumer goods. However, after Semelhago, purchasers had to produce evidence that the land they wanted to buy was unique and without a ready substitute in the market.

Classifying Creditors under the Companies’ Creditors Arrangement Act

By Jassmine Girgis

On June 19, 2008

In Bankruptcy and Insolvency, Corporate / Commercial, Creditors’ Remedies

Cases Considered: Kerr Interior Systems Ltd. (Re), 2008 ABQB 286

PDF Version: Classifying Creditors under the Companies’ Creditors Arrangement Act

In an application for an order to sanction a Plan of Arrangement (Plan), the Alberta Court of Queen’s Bench refused to allow the two protesting creditors to form their own class for the purpose of voting on the Plan in Kerr Interior Systems Ltd. (Re). For the purpose of this post, I will lay out the facts then focus on the principles underlying the classification of creditors under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (CCAA). Pursuant to section 4 CCAA, different classes of unsecured creditors can be created, such that each class would have a separate vote on whether to approve a Plan. This case is one of the most recent to deal with the technical and difficult issue regarding the classification of creditors and Madam Justice M.B. Bielby provides a thorough discussion of the principles that need to be considered before a court will sanction a plan of arrangement.

Remedy Decision Released in the Lund v. Boissoin Case

By Linda McKay-Panos

On June 18, 2008

In Human Rights

Cases Considered: Darren E. Lund v. Stephen Boissoin and the Concerned Christian Coalition Inc. (May 30, 2008 Lori G. Andreachuck, Q.C. Panel Chair)

PDF Version: Remedy Decision Released in the Lund v. Boissoin Case

In an earlier decision released on November 30, 2007, which dealt with a complaint about a hateful message against the gay community published in a letter to the editor of the Red Deer Advocate, online, the Alberta Human Rights Panel (“Panel”) found that Stephen Boissoin and The Concerned Christian Coalition Inc. had contravened s. 3 of the Alberta Human Rights, Citizenship and Multiculturalism Act (“HRCMA“), R.S.A. 2000, c. H-14. The Panel released its decision on the remedy on May 30, 2008. The original case, together with a few recent cases involving similar provisions in other provinces’ and the federal government’s human rights legislation, has spawned outcry across Canada about limiting the powers of human rights commissions or even doing away with commissions altogether. The remedy ordered in this case has also sparked renewed criticism of the HRCMA (see for example: “Keep Your Promise, Premier: Stand up for freedom of speech” Calgary Herald 06 June 2008 online).

Bill C-61 Locks Out User Rights

By Greg Hagen

On June 17, 2008

In Intellectual Property

Cases, Legislation and Proposed Legislation Considered: Bill C-61, An Act to Amend the Copyright Act, WIPO Copyright Treaty; Performances and Phonograms Treaty; Théberge v. Galerie d’Art du Petit Champlain inc., 2002 SCC 34 ; CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13.

PDF Version: Bill C-61 Locks Out User Rights

Bill C-61, An Act to Amend the Copyright Act, tabled in the House of Commons by Alberta MP Jim Prentice on June 12^th, 2008, contains proposed amendments to the Copyright Act designed to allow Canada to implement and ratify the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (“Internet Treaties”). The centerpiece of the Bill is s. 41, which generally prohibits the circumvention of technological measures; that is, apart from a few narrow exceptions, it prohibits the unlocking of digital locks on content such as software, digitized music, digitized books and other protected subject matter, even for the purpose of exercising user rights recognized in the Copyright Act, such as fair dealing, and for some rights explicitly recognized in Bill C-61 (e.g. for time shifting or device shifting). Bill C-61 goes further still, generally prohibiting unlocking services and dealing in keys to allow the unlocking of digital locks on content. Unfortunately, such provisions are at odds with the idea that owners’ rights in protected subject matter should be balanced with users’ rights in that subject matter.

The Legal Implications of Failing to Continue a Crown Oil and Gas Lease: The Duty of the Operator to its Joint Operators and to the Holder of a Royalty Interest

By Nigel Bankes

On June 16, 2008

In Natural Resources, Oil & Gas

Cases Considered: Adeco Exploration Company Ltd. v. Hunt Oil Company of Canada Inc. 2008 ABCA 214, varying unreported oral reasons for judgement of May 3, 2007.

PDF Version: The legal implications of failing to continue a Crown oil and gas lease: the duty of the operator to its joint operators and to the holder of a royalty interest

One of the most important events in the life of a Crown oil and gas lease or licence in Alberta is the point of continuation at the end of the primary term (a lease) or at the end of the intermediate term (a licence). It is important because a lease or licence lapses at the end of its primary or intermediate term except to the extent that it is continued (Mines and Minerals Act, R.S.A. 2000, c. M-17, s.82(1)). And when a lease lapses as to some or all of the leased area so too will any royalty interests with respect to that area of the lease.