ABLawg

Although this case deals with a legal issue that is far from new, there are a couple of significant developments regarding mandatory retirement and discrimination. Mr. Webber had worked for Canadian Forest Products Ltd. (“Canfor”) in a mill for over 24 years before retiring on October 29, 2004 at age 65, because he was subject to a long-standing mandatory retirement policy. Not wanting to retire, he had requested but been denied an extension. Although Mr. Webber was a member of a union, he did not file a grievance, but instead, on the advice of his union, on October 18, 2004, filed a complaint with the Alberta Human Rights and Citizenship Commission (“Commission”) under s. 7(1)(a) of the Human Rights Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 (“HRCMA“) for discrimination in the area of employment on the ground of age. As the matter was not resolved at the Commission, the Chief Commissioner ordered a Human Rights Panel (“Panel”) to hear the matter.

Funding Restored for Court Challenges Language Rights Programs

By Jennifer Koshan

On June 27, 2008

In Access to Justice, Constitutional

In 2 previous posts (see here and here) I discussed the application of Gilles Caron for an interim costs order to fund his language rights claim against the Alberta government. This application was required in large part because of the cancellation of the Court Challenges Program (CCP) by the Harper government in 2006. In a recent development described in an excellent post by Shelagh Day on rabble.ca the Fédération des communautés francophones et acadienne (FCFA) has settled its claim against the federal government for the cancellation of the CCP. Part of the settlement agreement includes the reinstatement of funding for minority language rights litigation. However, in spite of the fact that the FCFA’s claim was to restore funding for both the language rights and equality rights components of the CCP, the government only restored funding to the former. The FCFA’s victory is welcome, and may permit claims like that of Caron to proceed in the future without interim costs applications. However, there is a huge gap left by the continued inability of equality rights claimants to seek funding for their litigation. Will it take a costly lawsuit on the equality rights side to see funding restored?

Infidelity Does Not Necessarily Amount to Provocation

By Jennifer Koshan

On June 24, 2008

In Criminal, State Responses to Violence

Cases Considered: R. v. Tran, 2008 ABCA 209

PDF Version: Infidelity Does Not Necessarily Amount to Provocation

Domestic violence remains a terrible problem in Canadian society, and Alberta has one of the highest rates in the country (Karen Mihorean, Family Violence in Canada: A Statistical Profile 2005 (Ottawa: Minister of Industry, 2005) at 15). Over the past 30 years, legislators, courts and law enforcement officers have generally progressed from treating such violence as a private matter, to confirming that it is as serious as other violence, and finally, to considering the family context as an aggravating circumstance. When domestic violence leads to death, however, perpetrators can argue a provocation defence just as they could in any murder trial. If successfully argued, provocation will reduce a charge of murder to manslaughter. In its recent decision in R. v. Tran, the Alberta Court of Appeal held that infidelity will not necessarily lead to a successful provocation defence in such cases.

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

By Jonnette Watson Hamilton

On June 24, 2008

In Property, Remedies

Cases Considered: 365733 Alberta Ltd. v. Tiberio, 2008 ABQB 328

PDF Version: 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.

Human Rights Panel Faced with Mandatory Retirement (Again)

Funding Restored for Court Challenges Language Rights Programs

Infidelity Does Not Necessarily Amount to Provocation

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

Classifying Creditors under the Companies’ Creditors Arrangement Act