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The Delicate Balance of Sentencing: The Application of the Totality Principle in Regulatory Offences

Thu, 05/25/2017 - 10:00am
By: Lisa Silver PDF Version: The Delicate Balance of Sentencing: The Application of the Totality Principle in Regulatory Offences Case Commented On: Alberta (Health Services) v Bhanji, 2017 ABCA 126 (CanLII) Chief Justice Lamer succinctly described the sentencing process and the … Continue reading →

Recent Developments in Domestic Violence Law and Policy in Alberta

Wed, 05/24/2017 - 10:00am
By: Jennifer Koshan PDF Version: Recent Developments in Domestic Violence Law and Policy in Alberta Legislation and Report Commented On: Bill 2, An Act to Remove Barriers for Survivors of Sexual and Domestic Violence; Family Violence Death Review Committee Annual Report … Continue reading →

Ewanchuk Continues to Treat Habeas Corpus as an All-Purpose Remedy

Fri, 05/19/2017 - 10:00am
By: Amy Matychuk PDF Version: Ewanchuk Continues to Treat Habeas Corpus as an All-Purpose Remedy Case Commented On: Ewanchuk v Canada (Parole Board), 2017 ABCA 145 (CanLII) On May 16, 2017, the Alberta Court of Appeal (ABCA) released a decision dismissing … Continue reading →

For Golfers: A Classic Bailment Case with an Exclusion Clause Issue

Thu, 05/18/2017 - 10:00am
By: Jonnette Watson Hamilton PDF Version: For Golfers: A Classic Bailment Case with an Exclusion Clause Issue Case Commented On: Bloomer v Connaught Golf Club, 2017 ABPC 105 (CanLII) Bailment is an interesting legal concept because it is ubiquitous and because … Continue reading →

Vexatious Habeas Corpus Applications Contribute to Delayed Access to the Courts

Tue, 05/16/2017 - 10:00am
By: Jonnette Watson Hamilton PDF Version: Vexatious Habeas Corpus Applications Contribute to Delayed Access to the Courts Case Commented On: Ewanchuk v Canada (Attorney General), 2017 ABQB 237 (CanLII) This vexatious litigant case is interesting for five reasons. First, it was … Continue reading →

Capacity to Make and Revoke an Enduring Power of Attorney

Fri, 05/12/2017 - 10:00am
By: Jonnette Watson Hamilton PDF Version: Capacity to Make and Revoke an Enduring Power of Attorney Case Commented On: Pirie v Pirie, 2017 ABQB 104 (CanLII) The issue in this case was whether the applicant had the mental capacity in July 2016 … Continue reading →

When are Late Payment of Rent Charges in Residential Tenancies Unenforceable?

Wed, 05/10/2017 - 10:00am
By: Jonnette Watson Hamilton PDF Version: When are Late Payment of Rent Charges in Residential Tenancies Unenforceable? Case Commented On: 416566 Alberta Ltd. v Fothergill, 2017 ABPC 96 (CanLII) This Provincial Court decision by Judge Jerry LeGrandeur, Associate Chief Judge, is … Continue reading →

Alberta Amends the Residential Tenancy Dispute Resolution Service Regulation

Tue, 05/09/2017 - 10:00am
By: Amy Matychuk and Jo-Ann Munn Gafuik PDF Version: Alberta Amends the Residential Tenancy Dispute Resolution Service Regulation Legislation Commented On: Residential Tenancy Dispute Resolution Service Regulation, Alta Reg 98/2006 In the Fall of 2016 the Public Interest Law Clinic at … Continue reading →

Claims to Copyright Trumped by Expiration of Statutory Confidentiality Period

Mon, 05/08/2017 - 10:00am
By: Nigel Bankes PDF Version: Claims to Copyright Trumped by Expiration of Statutory Confidentiality Period Case Commented On: Geophysical Service Incorporated v EnCana Corporation, 2017 ABCA 125 In reserved reasons, a unanimous Court of Appeal has affirmed Justice Eidsvik’s decision at … Continue reading →

Update: SCC Grants Appeal on ‘Prompt Return’ Mechanism of the Hague Convention on International Child Abduction

Fri, 05/05/2017 - 10:00am
By: Rudiger Tscherning PDF Version: Update: SCC Grants Appeal on ‘Prompt Return’ Mechanism of the Hague Convention on International Child Abduction Case Commented On: Office of the Children’s Lawyer v John Paul Balev and Catherine-Rose Bagott, Supreme Court of Canada, Leave … Continue reading →

Granting a Vexatious Litigant’s Application for Leave to Appeal

Thu, 05/04/2017 - 10:00am
By: Jonnette Watson Hamilton PDF Version: Granting a Vexatious Litigant’s Application for Leave to Appeal Case Commented On: Belway v Lalande-Weber, 2017 ABCA 108 (CanLII) In the case law on vexatious litigation, it is occasionally noted that a vexatious litigant order … Continue reading →

Majority of the Court of Appeal Confirms Chief Justice Wittmann’s Redwater Decision

Wed, 05/03/2017 - 10:00am
By: Nigel Bankes PDF Version: Majority of the Court of Appeal Confirms Chief Justice Wittmann’s Redwater Decision Case Commented On: Orphan Well Association v Grant Thornton Limited, 2017 ABCA 124 (CanLII) The background to this case is discussed in my post … Continue reading →

Vexatious Litigants: An Interpretation of Section 40 of the Federal Courts Act

Tue, 05/02/2017 - 10:00am
By: Jonnette Watson Hamilton PDF Version: Vexatious Litigants: An Interpretation of Section 40 of the Federal Courts Act Case Commented On: Canada v Olumide, 2017 FCA 42 (CanLII) In this March 2017 decision, Justice David Stratas encouraged Federal Court of Appeal … Continue reading →

Do Comparisons Between Tobacco and Climate Change Liability Withstand Scrutiny?

Wed, 04/26/2017 - 10:05am
By: Martin Olszynski, Sharon Mascher, Meinhard Doelle Research Commented On: “From Smokes to Smokestacks: Lessons from Tobacco for the Future of Climate Change Liability” (2017) Geo Envtl L Rev (forthcoming) A few years ago, the Canadian Press reported that environmental … Continue reading →

Smoke and Mirrors? With Marihuana Legalization, Parliament Proposes to Drastically Expand Police Power

Fri, 04/21/2017 - 10:00am
By: Dylan Finlay PDF Version: Smoke and Mirrors? With Marihuana Legalization, Parliament Proposes to Drastically Expand Police Power Legislation Commented On: Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other … Continue reading →

Upholding the Lexin Equipment Order – The AER Wins the Battle, But Most Likely Will Lose the War

Thu, 04/20/2017 - 10:00am
By: Heather Lilles PDF Version: Upholding the Lexin Equipment Order – The AER Wins the Battle, But Most Likely Will Lose the War Case Commented On: Interim Order and Order Re Equipment (ABQB), Alberta Energy Regulator (applicant) and Lexin Resources Ltd. … Continue reading →

The Expert Panel Report on Federal Environmental Assessment: Discretion, Transparency, and Accountability

Wed, 04/19/2017 - 10:00am
By: Shaun Fluker and Drew Yewchuk PDF Version: The Expert Panel Report on Federal Environmental Assessment: Discretion, Transparency, and Accountability Report Commented On: Expert Panel on the Review of Federal Environmental Assessment Processes, Building Common Ground: A New Vision for Impact Assessment … Continue reading →

Punitive Damages and the Residential Tenancies Act

Tue, 04/18/2017 - 10:00am
By: Jonnette Watson Hamilton PDF Version: Punitive Damages and the Residential Tenancies Act Case Commented On: Wilderdijk-Streutker v Zhao, 2017 ABPC 24 (CanLII) Punitive damages are rarely awarded in residential tenancy disputes, but Wilderdijk-Streutker v Zhao is one of those rare … Continue reading →

Justice for Some

Thu, 04/13/2017 - 10:00am
By: Alice Woolley PDF: Justice for Some Case Commented on: Green v Law Society of Manitoba, 2017 SCC 20 (CanLII) Introduction (AKA: A General Complaint About Injustice) On March 30, 2017 the Supreme Court issued its judgment in Green v. Law … Continue reading →

Federal Environmental Assessment Re-Envisioned to Regain Public Trust – The Expert Panel Report

Wed, 04/12/2017 - 10:00am
By Arlene Kwasniak PDF Version: Federal Environmental Assessment Re-Envisioned to Regain Public Trust – The Expert Panel Report Report Commented On: Expert Panel on the Review of Federal Environmental Assessment Processes, Building Common Ground: A New Vision for Impact Assessment in … Continue reading →

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