By: Jassmine Girgis
Case Commented On: Ponce v Société d’investissements Rhéaume ltée, 2023 SCC 25 (CanLII)
PDF Version: Good Faith and Honest Performance and the Convergence between Common Law and Civil Law
The topic of good faith in the realm of contracts once again made it to the Supreme Court of Canada in 2023, but this time, in a case dealing with good faith as it arises under the Civil Code of Québec, CQLR c CCQ-1991 (Civil Code).
By: Jassmine Girgis
Case Commented On: South West Terminal Ltd v Achter Land, 2023 SKKB 116 (Can LII)
PDF Version: New Technology and Contract Formation: The Continuing Evolution of the Common Law
In South West Terminal Ltd v Achter Land, 2023 SKKB 116 (Can LII) (Achter Land), Justice T.J. Keene stated: “this court cannot (nor should it) attempt to stem the tide of technology and common usage – this appears to be the new reality in Canadian society and courts will have to be ready to meet the new challenges that may arise from the use of emojis and the like” (at para 40).
By: Drew Yewchuk
Decision Commented on: AER Administrative Penalty 202405-002, Tallahassee Exploration Inc. (May 2024)
PDF Version: Administrative Penalties at the Alberta Energy Regulator: A Rational Calculation of a Penalty Unlikely to be Paid
This is the second post on how the Alberta Energy Regulator (AER) makes decisions on financial penalties to companies that contravene the conditions of their project approvals. The first post, in April 2023, commented on an AER penalty to Ovintiv for operating a sour gas plant with a shorter than approved flare stack.
By: Robert Hamilton
Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII)
PDF Version: Can the Federal Government Compel Provincial Authorities to Respect an Indigenous Right of Self-Government?
The Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) (SCC Reference) is one of the most significant Supreme Court of Canada (SCC) decisions concerning Indigenous Peoples of the past decade. I summarized the decision here, Nigel Bankes and I commented on the Court’s treatment of UNDRIP here, and Nigel Bankes commented on implications for the “lands reserved” head of power under s 91(24) here.
By: Drew Yewchuk, Shaun Fluker, Martin Olszynski, and Nigel Bankes
Commented on: Final report: Premier’s Review of the Alberta Energy Regulator (May 2024)
PDF Version: The Premier’s Review of the AER: A Recipe for How Industry Can Have its Cake and Eat it too
The UCP government continues to overhaul energy policy and regulation in Alberta with no meaningful opportunities for public scrutiny or input. In January 2023, Premier Danielle Smith appointed a five-person Premier’s Advisory Council on Alberta’s Energy Future (Energy Future Council) to prepare a report on Alberta’s energy future. The terms of reference for this Energy Future Council were set by Ministerial Order 02/2023, which was only released to the public in response to a FOIP request (see When Does a Ministerial Order Have to be Published?). The Energy Future Council submitted its report to the Premier in June 2023, but that report has never been made public. In response to this non-published report, the Minister of Energy and Minerals initiated another panel, similarly closed to public input, to review and report on the Alberta Energy Regulator (AER). On May 22, 2024, the Government of Alberta elected to release this second report (the AER Report) under the names of two of the five members of the Energy Future Council, David Yager and Bob Curran. As was the case with the recission of the 1976 Coal Policy, the AER Report demonstrates that the UCP government takes its instructions on the direction of energy policy primarily from industry, rather than from the public it serves.
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