ABlawg

The issue of whether a university is subject to the application of the Charter has arisen in a number of cases, some of which appear to conflict. See: BCCA Unfortunately Chooses Not to Follow Alberta’s Lead on the Issue of Whether the Charter Applies To Universities.

In Yashcheshen, the issue of Charter application occurred when Yashcheshen sought admission to the College of Law at the University of Saskatchewan without submitting a Law School Admission Test (LSAT) score, because she had a disability (Crohn’s Disease) that she believed would prevent her from having a fair opportunity to write the LSAT (at para 1). When Yashcheshen submitted her application without an LSAT score in February 2014, it was not accepted. The College suggested that, because it required everyone to submit an LSAT score and it did not administer the test, Yashcheshen should apply to the Law School Admission Council for an accommodation with respect to the LSAT (at para 7). Continue reading →

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Mandatory Dispute Resolution Coming Back to Alberta, But What About Domestic Violence Cases?

Posted on August 30, 2019 by Jennifer Koshan

By: Jennifer Koshan, Janet Mosher and Wanda Wiegers

PDF Version: Mandatory Dispute Resolution Coming Back to Alberta, But What About Domestic Violence Cases?

Matter Commented On: Court of Queen’s Bench of Alberta, Notice to the Profession & Public – Enforcement of Mandatory Alternative Dispute Resolution Rules 8.4(3)(A) and 8.5(1)(A)

Last month, the Court of Queen’s Bench of Alberta issued a Notice to the Profession indicating that it would be lifting the suspension of the mandatory alternative dispute resolution (ADR) provisions of the Alberta Rules of Court, Alta Reg 124/2010, for a one-year pilot period commencing September 1, 2019. Mandatory ADR (or mandatory judicial dispute resolution, JDR) will now apply once again to civil and family litigation in Alberta. Although there are some exceptions to this requirement, there is no explicit exemption for domestic violence cases. As noted in a previous ABlawg post concerning similar developments under family legislation in Saskatchewan and federally under the Divorce Act, RSC 1985, c 3 (2nd Supp), as well as a more recent post on a government review of civil and family legislation in Ontario, cases involving domestic violence may not be not appropriate for ADR, and should be explicitly exempted from any mandatory requirements. There should also be screening and training requirements on domestic violence for those who will be assessing exemptions and conducting ADR. Continue reading →

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The Regulation of “Gas Utility” Transmission Pipelines in Alberta

Posted on August 14, 2019 by Nigel Bankes

By: Nigel Bankes

PDF Version: The Regulation of “Gas Utility” Transmission Pipelines in Alberta

Decision Commented On: ATCO Gas and Pipelines Ltd. Pembina-Keephills Transmission Pipeline Project August 6, 2019, AUC Decision 23799-D01-2019.

This decision of the Alberta Utilities Commission (AUC) deals with a large gas transmission pipeline designed to provide additional gas supplies to the Wabamun area (principally to provide fuel for coal to gas conversions of existing coal-fired generating facilities and additional gas generation). The decision reveals the surprising complexity of gas transmission pipeline regulation in Alberta. Continue reading →

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The Appointment of Supreme Court Justice Nicholas Kasirer

Posted on August 13, 2019 by Kristin McDonald

By: Kristin McDonald

PDF Version: The Appointment of Supreme Court Justice Nicholas Kaiser

Event Commented On: Nomination of the Honourable Nicholas Kasirer for Appointment to the Supreme Court of Canada

In April of this year, after just 5 years of service, Justice Gascon unexpectedly announced that he will be stepping down from the Supreme Court of Canada (SCC) this September. Justice Gascon was nominated to the SCC by Prime Minister Stephen Harper and appointed on June 9, 2014. Justice Gascon’s announcement and subsequent public struggle with mental health early this spring was met with a mixture of support for the Justice and controversy over the perception and treatment of people with mental illness in Canadian society. Particularly, the treatment of Justice Gascon, given his health issues, has spurred speculation regarding whether his decision to step down was of his own initiative or forced upon him (see news reports from the CBC, The Globe and Mail, and The National Post, and SLAW). More information on the Honorable Justice Gascon can be found here.

Justice Gascon’s announcement presented Prime Minister Justin Trudeau with the opportunity to make his third Supreme Court nomination of his tenure as Prime Minister. Continue reading →

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Regulatory Forbearance and the Status of District Energy Systems Under the Public Utilities Act

Posted on August 12, 2019 by Nigel Bankes

By: Nigel Bankes

PDF Version: Regulatory Forbearance and the Status of District Energy Systems Under the Public Utilities Act

Decision Commented On: AUC Decision 24056_D01-2019, ENMAX Independent Energy Solutions Inc., ENMAX District Energy Edmonton Exemption Application, August 1, 2019

In this decision, the Alberta Utilities Commission (AUC) had to decide whether a proposed network that would provide a service (in this case steam) to customers and that fell within the definition of a public utility should be granted an exemption under the provisions of the Public Utilities Act, RSA 2000, c P-45, (PUA). The AUC concluded that an exemption should not be issued. Continue reading →

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