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Alberta Utilities Commission Issues Decision Confirming Scope of Module C Decision on Line Losses

In its recent decision (27048-D01-2022), the Alberta Utilities Commission (AUC) confirmed the scope and nature of its previous Module C decision, which was part of protracted regulatory and court proceedings relating to...more

Court Strikes Expert Reports Pre-Trial in Complex Case

The Alberta Court of Queen’s Bench, in CNOOC Petroleum North America ULC v. 801 Seventh Inc., struck out material portions of two expert reports filed by the plaintiff on a pre-trial basis. This complex trial is scheduled for...more

Beyond All Hope: Alberta Court of Appeal Clarifies Test for Hopeless Amendments

On February 28, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Remington Development Corporation v ENMAX Power Corporation 2022 ABCA 71, denying the plaintiff’s attempt to amend its pleadings on the basis...more

3/16/2022  /  Appeals , Appellate Courts , Canada , Pleadings

Injunction Test Reconsidered: Rare Five-Member Panel of Alberta Court of Appeal Clarifies Test for Injunctions that Challenge...

On April 3, 2021, a rare five-member panel of the Alberta Court of Appeal (ABCA) issued its decision in AC and JF v Her Majesty the Queen in Right of Alberta (the Decision). The lower court had granted an injunction that...more

Uber : Un tribunal albertain refuse d’autoriser une action collective en matière d’atteinte à la vie privée

À une époque où les données sont de plus en plus précieuses, la protection des renseignements personnels confidentiels et la cybersécurité sont devenues des préoccupations prioritaires pour bon nombre de sociétés. De plus, le...more

Uber Denial of Class Action – Alberta Court Denies Certification of Privacy Class Action

In an era where data has become increasingly valuable, the protection of confidential personal data and cybersecurity has risen to the forefront for many corporations. The pace of data growth has been exponential, with...more

Second Thoughts? Alberta Court of Appeal Issues Rare Decision Reconsidering Prior Injunction Ruling

On June 29, 2020, in AC and JF v. Her Majesty the Queen in Right of Alberta, the Alberta Court of Appeal (ABCA) unanimously granted an application to reconsider a decision issued by the ABCA only nine months earlier. The ABCA...more

Actions collectives, emploi et COVID-19 : échec en vue pour les demandeurs

Dans le cadre d’actions collectives putatives déposées relativement à des questions liées à l’emploi dans le contexte de la pandémie de COVID-19, les demandeurs pourraient se buter à des obstacles procéduraux. En effet, dans...more

Canadian Defence Strategies to Climate Change Litigation

While many climate change litigation actions have been dismissed by the U.S. courts on the basis of the failure of plaintiffs to establish standing, including in the most recent decision of the 9th U.S. Circuit Court of...more

Climate Change Litigation Heats Up: Emerging Trends and Analysis

Recently, several Canadian youths aged 10 to 19, filed a lawsuit against the Government of Canada and the Attorney General of Canada over climate change, alleging violations of their rights under the Canadian Charter of...more

Environmental Litigation on the Rise in Corporate Canada and Around the World

Climate change litigation continues to evolve in many jurisdictions and Canada has seen its fair share of proceedings seeking to hold governments and the oil and gas, energy and power industries responsible for carbon dioxide...more

Alberta Court of Appeal Restates the Test for Summary Judgment

On February 6, 2019, a five-justice panel of the Alberta Court of Appeal (Court) issued its eagerly awaited decision in Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. (Weir-Jones). The Court restated the...more

Attorney General Electricity Battle Over PPAs in Alberta Comes to a Close

The Attorney General of Alberta (AG) and ENMAX have recently settled the legal proceedings brought in 2016 (AG Action) by the provincial government against several former buyers of power purchase arrangements (PPAs). The AG...more

B.C.’s Bitumen Blockade: Selected Legal Options Available to Producers and Shippers

Recently, the Government of British Columbia released an announcement to consider a series of proposed measures to restrict the shipment of diluted bitumen from Alberta oil sands operations by rail or pipelines, setting the...more

Unanimous Supreme Court of Canada Denies Leave on Chronic Delay Case

The Supreme Court of Canada (SCC) recently dismissed leave to appeal from the Alberta Court of Appeal decision in Humphreys v. Trebilcock (Humphreys), which is perhaps the most comprehensive consideration to date of whether...more

Alberta’s Balancing Pool Confirms Right to Terminate Keephills Power Purchase Agreement

Following ENMAX Energy Corporation’s (ENMAX) successful application to obtain a mandatory injunction against the Balancing Pool of Alberta (as reported in our November 2017 Blakes Bulletin: Alberta Court of Queen’s Bench...more

Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool

On November 22, 2017, the Court of Queen’s Bench of Alberta (Court) issued a mandatory injunction in favour of ENMAX Energy Corporation (ENMAX) compelling the Balancing Pool of Alberta to, forthwith and in good faith,...more

Court Upholds Commercial Certainty in Alberta Power Purchase Arrangements

The Alberta Court of Queen’s Bench (Court) has released an important decision regarding the Alberta power industry, which brings certainty to the effective dates of termination of power purchase arrangements (PPAs) in...more

Alberta Court of Appeal Releases Landmark Decision on Contractual Interpretation

On May 26, 2017, the Alberta Court of Appeal (Court) released a landmark decision in IFP Technologies (Canada) Inc. v. EnCana Midstream and Marketing, which will impact principles of contractual interpretation in...more

Alberta Court of Appeal Cracks Down on Chronic Delay, Throws Case out of Court

On April 19, 2017, the Alberta Court of Appeal (Court) released its decision in Humphreys v. Trebilcock (Humphreys), which is perhaps the most comprehensive consideration to date of whether delay in the prosecution of a...more

4/28/2017  /  Appeals , Canada , Delays , Dismissals

Chief Justice Confirms Cross-Examination Principles in Alberta

On March 21, 2017, the Court of Queen’s Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., a controversial legal action brought in 2016 by the provincial...more

Pipeline Opponents Face Significant Obstacles in Securing Injunctive Relief

With the federal government recently approving major pipeline projects, it is expected that environmental and other special interest or lobbying groups will commence actions in an attempt to prevent or delay those projects...more

Common Interest Privilege in Cross-Border Matters: Canada vs. U.S. Law

While many tenets concerning the protections afforded by privilege are similar in both Canada and the United States, there are key differences and treatment when it comes to settlement and common interest privilege, as some...more

Of Formal Offers and Multipliers: Court of Appeal Explains Costs Consequences in Key Oil and Gas Decision

In Stewart Estate v. TAQA North Ltd, (Decision) the Alberta Court of Appeal (Court) released its costs decision after a complex and lengthy appeal involving multiple appellants and respondents involved in a dispute regarding...more

A Lesson in Maintaining Privity: SCC Resolves Dispute over Interpretation of Alberta Agreement

On May 6, 2016, in Heritage Capital Corp. v. Equitable Trust Co., the Supreme Court of Canada (SCC) weighed in on one of the many disputes stemming from the foreclosure proceedings taken with respect to the historic Lougheed...more

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