ABLawg - - Page 52

Matter Commented On: Li v Barber et al, Court File No CV-22-00088514-00CP

After more than a week of disruptive, and at times highly offensive, protesting in the nation’s capital, private law has been engaged. Specifically, residents of the inner downtown area applied to the Ontario Superior Court for injunctive relief (essentially, a temporary ban on certain conduct) and for damages under the tort of private nuisance. This post discusses the basic elements and principles of private nuisance as they relate to the present context (we do not comment on procedural aspects – e.g., certification of the proceeding as a class action). Our preliminary assessment is that the prospects for success on the question of private nuisance are very good. Early indications from the Court are consistent with this assessment, as Justice Hugh McLean of the Ontario Superior Court granted an interim injunction on Monday (copy of the Court order here). In doing so, Justice McLean indicated that the right of citizens to peace and quiet was the overriding right (see this detailed thread on Twitter summarizing the Court proceedings).

Frost on the Constitutional Windshield: Challenge to Critical Infrastructure Defence Act Struck by Alberta Court of Appeal

By Jennifer Koshan

On February 8, 2022

In Critical Infrastructure Defence Act, Protest

By: Jennifer Koshan, Lisa Silver and Jonnette Watson Hamilton

PDF Version: Frost on the Constitutional Windshield: Challenge to Critical Infrastructure Defence Act Struck by Alberta Court of Appeal

Case Commented On: Alberta Union of Public Employees v Her Majesty the Queen (Alberta), 2021 ABCA 416 (CanLII) (AUPE (ABCA))

The Critical Infrastructure Defence Act, SA 2020, c C-32.7 (CIDA) has been in the news recently, with the truckers’ blockade at Coutts, Alberta causing some to question the lack of enforcement of available legal sanctions. CIDA prohibits entering on to, damaging, or obstructing essential infrastructure in the province, amongst other activities. Essential infrastructure is broadly defined and includes highways and – as of October 2021– health care facilities (Critical Infrastructure Defence Regulation, Alta Reg 169/2021; for a discussion of that addition see here). However, it appears that no charges have been laid under CIDA to date despite several disruptive COVID-19 related protests on and blockades of essential infrastructure.

Indigenous Rights and Private Party Liability

By Kent McNeil

On January 26, 2022

In Aboriginal, Torts

By: Kent McNeil

PDF Version: Indigenous Rights and Private Party Liability

Matter Commented On: Thomas and Saik’uz First Nation v Rio Tinto Alcan Inc, 2022 BCSC 15 (CanLII)

To what extent can private parties be held liable in tort law, specifically nuisance, for damage done to Indigenous rights? This was the issue in Thomas and Saik’uz First Nation v Rio Tinto Alcan Inc, 2022 BCSC 15 (CanLII) [Thomas]. In 1952, the Aluminum Company of Canada (now Rio Tinto Alcan Inc., or RTA) completed construction of a dam on the Nechako River in west-central British Columbia to generate electricity for its aluminum smelting operations. Construction of the dam had been authorized by agreements with and a licence from British Columbia pursuant to a provincial statute, the Industrial Development Act, SBC 1949, c 31, which had been enacted to facilitate construction of the hydroelectric dam (Thomas, paras 66-69). The company has abided by all the conditions of the agreements and the licence.

Exemptions to the BIA “Fresh Start” Policy

By Jassmine Girgis

On January 24, 2022

In Bankruptcy and Insolvency

By: Jassmine Girgis

PDF Version: Exemptions to the BIA “Fresh Start” Policy

Case Commented On: Alberta Securities Commission v Hennig, 2021 ABCA 411 (CanLII)

In this decision, the Alberta Court of Appeal (CA) considered whether a debt fell within the exceptions contained in s 178(1) of the Bankruptcy and Insolvency Act, RSC 1985, c B-3 (BIA), and therefore survived the discharge of the bankrupt.

The CA allowed the appeal. The majority reasons were written by Justice Ritu Khullar and concurred in by Justice Jack Watson. Justice Dawn Pentelechuk wrote reasons concurring in the result.

The December 2021 Mine Financial Security Program Standard

By Drew Yewchuk

On January 13, 2022

In Energy, Oil & Gas

By: Drew Yewchuk

PDF Version: The December 2021 Mine Financial Security Program Standard

Regulatory Document Commented On: The December 23, 2021 Mine Financial Security Program Standard

In a post back in May 2021, I mentioned a quietly made change to Alberta’s Mine Financial Security Program (MFSP), which sets out the security requirements for coal and oil sands mines in Alberta:

Rigs in a Parlour: The Freedom Convoy and the Law of Private Nuisance

Frost on the Constitutional Windshield: Challenge to Critical Infrastructure Defence Act Struck by Alberta Court of Appeal

Indigenous Rights and Private Party Liability

Exemptions to the BIA “Fresh Start” Policy

The December 2021 Mine Financial Security Program Standard