ABLawg

It’s Not Easy Being Mean

On September 6, 2023

By: Michael Ilg

Decision Commented On: Peterson v College of Psychologists of Ontario, 2023 ONSC 4685 (CanLII)

PDF Version: It’s Not Easy Being Mean

If there is anything worse than being seen as mean – as in saying words that others find harsh, hurtful, or distasteful – it is being mean and unpopular. The popular, by definition, collect social benefits from being mean, while the unpopular do not. Although this may read like the social code of a typical high-school, it also reflects the regulation of expression by professional societies in Canada, or at least Ontario, according to a recent decision of that Province’s Divisional Court in Peterson v College of Psychologists of Ontario, 2023 ONSC 4685 (CanLII).

The 2024 Industry-Wide Closure Spend Lowered Without Explanation

By Drew Yewchuk

On August 30, 2023

In Energy, Oil & Gas

By: Drew Yewchuk

Regulatory Bulletin Commented on: AER Bulletin 2023-31, Industry-Wide Closure Spend Requirement for 2024

PDF Version: The 2024 Industry-Wide Closure Spend Lowered Without Explanation

The Alberta Energy Regulator’s (AER) Bulletin 2023-31 sets the industry-wide closure spend requirement for 2024 at $700 million, lower than the $764 million forecasted last year. This is another post on how poorly and secretively the AER is handling the industry-wide closure spend requirement, following previous posts here and here.

Can the Failure to Pay for Sexual Services Form the Basis of a Contractual Claim?

By Jassmine Girgis

On August 29, 2023

In Contracts

By: Jassmine Girgis

Case commented on: Sheehan v Samuelson, 2023 NSSM 27 (CanLII)

PDF Version: Can the Failure to Pay for Sexual Services Form the Basis of a Contractual Claim?

Pat and Al enter into a contract. Pat will drywall Al’s basement in exchange for $2,100. Pat drywalls Al’s basement but Al refuses to pay. Al breached his contractual obligations to Pat and would be liable for damages. Now, keep all the facts the same but assume that the service is sex work as opposed to dry walling – does that change the analysis at all?

Sometimes it is Completely Irrelevant Whether or not a Royalty Interest Amounts to an Interest in Land

By Nigel Bankes

On August 28, 2023

In Energy, Land Use, Property

By: Nigel Bankes

Case commented on: Enerplus Corporation v Harvest Operations Corp, 2021 ABQB 634 (CanLII), appeal dismissed, 2023 ABKB 482 (CanLII)

PDF Version: Sometimes it is Completely Irrelevant Whether or not a Royalty Interest Amounts to an Interest in Land

Harvest (70%), Orlen (15%), and Petrus (15%) are the working interest owners of certain oil and gas properties. Under the terms of a farmout agreement (in the form of the 1997 Farmout and Royalty Procedure of the Canadian Association of Petroleum Landmen (CAPL)), back in the chain of title, Enerplus holds a gross overriding royalty interest (GORR) in the 70% interest currently held by Harvest. The terms of the GORR provided that:

An Incredibly Ill-Advised and Unnecessary Decision

By Nigel Bankes

On August 9, 2023

In Energy

By: Nigel Bankes and Martin Olszynski

Decision Commented On: Generation Approvals Pause Regulation, OiC 172/2023, August 2, 2023

PDF Version: An Incredibly Ill-Advised and Unnecessary Decision

On August 3, 2023 the Government of Alberta announced that the Alberta Utilities Commission (AUC) will pause approvals of new renewable electricity generation projects over one megawatt until February 29, 2024. As further set out below, this “pause” is entirely unnecessary to achieve the government’s stated goals; it is also astoundingly hypocritical and undermines confidence in the stability of Alberta’s regulatory framework insofar as it singles out renewable energy projects for special treatment.