ABLawg

The Right to Your Day in Court

On November 3, 2022

By: Kaye Booth

Case commented on: Heiser v Bowden Institution, 2022 ABCA 300 (CanLII)

PDF Version: The Right to Your Day in Court

Courts have the responsibility to listen to the applications brought before them, especially when an individual’s liberty is at issue. On the other hand, courts have the inherent power to prevent the misuse of their procedures and to control proceedings. These two roles of the court may conflict with each other – if the court has the inherent power to label litigants as vexatious and prevent them from making further applications, how is this squared with the litigant’s right to access the court and the court’s duty to hear them?

The Oppression Remedy Tests: Oppression v Unfair Prejudice & Unfair Disregard

By Jassmine Girgis

On October 31, 2022

In Creditors’ Remedies, Remedies

By: Jassmine Girgis

Case commented on: Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CanLII)

PDF Version: The Oppression Remedy Tests: Oppression v Unfair Prejudice & Unfair Disregard

This blog broadly addresses how creditors can utilize the oppression remedy. It includes a specific discussion on the three tests in the oppression remedy. It will not address the issue of severance.

Confirmed in Law: The Decision-Maker for COVID-19 Public Health Orders in Alberta is the Chief Medical Officer of Health

By Lorian Hardcastle

On October 28, 2022

In COVID-19, Health Law

By: Lorian Hardcastle and Shaun Fluker

Decision commented on: CM v Alberta, 2022 ABKB 716 (See here for the decision, which was not on CanLII as of the date of writing)

PDF Version: Confirmed in Law: The Decision-Maker for COVID-19 Public Health Orders in Alberta is the Chief Medical Officer of Health

In the winter of 2022, the Alberta government repealed the bulk of its COVID-19 public health measures in an effort to be among the first provinces to re-open. On February 8, 2022, the Premier announced that children would no longer be required to mask in school and, on that same day, the Minister of Education (Adriana LaGrange) issued a written statement that “school boards will not be empowered by provincial health order or recommendations from the CMOH to require ECS – grade 12 students to be masked to attend school in person or to ride a school bus.”

Lower Athabasca Regional Plan 10-Year Review Part 2: Alberta’s Regional Plan Development

By David Laidlaw

On October 26, 2022

In Land Use

By: David Laidlaw

Matter Commented on: Lower Athabasca Regional Plan

PDF Version: Lower Athabasca Regional Plan 10-Year Review Part 2: Alberta’s Regional Plan Development

In the development of regional plans, Alberta appoints selected stakeholders to provide advice in the form of a Regional Advisory Council (RAC) in conjunction with opportunities for public consultation, with the provincial Cabinet making the final regional plan, as set out in Part 1 of this post.

Anti-SLAPP Legislation and Non-Justiciable Issues: A Consideration of Hansman v Neufeld and Todsen v Morse

By Charlotte Dalwood

On October 17, 2022

In Anti-SLAPP

By: Charlotte Dalwood

Cases Commented On: Hansman v Neufeld, 2021 BCCA 222 (CanLII); Todsen v Morse, 2022 BCSC 1341 (CanLII)

PDF Version: Anti-SLAPP Legislation and Non-Justiciable Issues: A Consideration of Hansman v Neufeld and Todsen v Morse

Earlier this year, the Supreme Court granted leave to appeal in the decision Hansman v Neufeld, 2021 BCCA 222 (CanLII) (Neufeld). The case concerns an application under the Protection of Public Participation Act, SBC 2019, c 3 (PPPA) to dismiss a defamation action as a “SLAPP”: a “Strategic Lawsuit against Public Participation”. Later this year, the British Columbia Supreme Court considered another application under the PPPA, likewise to dismiss a defamation action, in Todsen v Morse, 2022 BCSC 1341 (CanLII) (Todsen).