Alberta Law Review (ALR)
Not a member yet
2493 research outputs found
Sort by
Double N Earthmovers Ltd. v. Edmonton (City of): The Erosion of the Law of Tendering as Set Out in R. v. Ron Engineering & Construction (Eastern) Ltd.
Get PDFNo Abstrac
Canada\u27s Aging Oil and Gas Infrastructure: Who Will Pay? The Public and Private Cost Recovery Frameworks
No full textThis article examines the legal and practical issues surrounding the costs of reclaiming, remediating, and abandoning Canada’s aging pipelines, wells, and other oil and gas facilities as they reach their functional end of life. The authors address the recovery and distribution of these costs from two perspectives: the public regulatory and legislative frameworks in place in the key oil and gas producing regions of Canada; and the statutory, contractual, and common law framework through which private industry participants share or limit their liability
Oil and Gas Transportation: Is Contract a Viable Alternative to Traditional Regulation?
Get PDFThe article reviews both the provincial and federal legislative frameworks governing access to oil and gas pipelines, with emphasis on dispute resolution options in the case of access and toll disputes. These codified resolution obligations are compared with the traditional common law common carrier obligations, and it is demonstrated that the latter still play an important role in today\u27s regulatory environment. Key regulatory decisions of both the National Energy Board and the Alberta Energy and Utilities Board are examined to demonstrate both the approaches of these bodies in encouraging settlement of outstanding issues and their attitudes toward yielding regulatory jurisdiction when parties\u27 affairs have been arranged by contract. It is demonstrated that these regulatory bodies still maintain jurisdiction over some aspects of oil and gas transportation even where parties have agreed to privately drawn oil or gas pipeline contracts and will not hesitate to interfere given the right public policy concerns
Foreign Investment Protection Treaties: Opportunities in the Petroleum Industry
Get PDFOver the last decade or so, foreign investment protection and promotion agreements have grown dramatically in number and in strength. The investment obligations and dispute resolution provisions available in these agreements have emerged as an attractive option for businesses seeking protection of their investments in foreign jurisdiclions. The author presents an overview of Canada\u27s existing investment agreements and provides a specificapplication of these agreements in the oil and gas sector by reviewing a recent arbitration decision
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Get PDFThis article is intended to provide a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of government regulation, contract, employment, rights of first refusal, royalties,injunctions, freehold leases, and other areas
The Use of Foreign Forms to Circumvent Local Liability Rules
Get PDFLiability assignments for wrongs committed within ajurisdiction are generally intended to apply equally to all local and foreign persons. Local liability policy, however, can be circumvented through the use of foreign legal forms. Both local and foreign persons may reduce their liability exposure by conducting their activities in the local jurisdiction through a foreign form that has been endowed by its jurisdiction of origin with a wider limitation of liability. The differences in liability exposure are often significant. They appear to be tolerated or embraced because they serve local commercial, professional, and governmental interests. Ultimately, the costs of the resultant elevated risk of loss are borne by local residents
A Revisionist History of Tort Law: From Holmesian Realism to Neoclassical Rationalism, alan Calnan (Durham, n.C: Carolina Academic Press, 2005)
Get PDFNo Abstrac
Cuthbertson v. Rasouli: Continued Confusion Over Consent-Based Entitlements to Life Support
Get PDFCase comment on <i>Cuthbertson v. Rasouli</i>, 2013 SCC 53, [2013] 3 SCR 341
Criminalizing Terrorist Babble: Canada\u27s Dubious New Terrorist Speech Crime
No full textBefore the introduction of Bill C-51, the Canadian government expressed interest in a terrorism “glorification” offence, responding to Internet materials regarded by officials as terrorist propaganda and as promoting “radicalization.” Bill C-51 introduces a slightly less broad terrorism offence that applies to those who knowingly promote or advocate “terrorism offences in general” while knowing or being reckless as to whether terrorism offences “may be committed as a result of such communication.” This article addresses the merits of these new speech-based terrorism offences. It includes analyses of: the sociological data concerning radicalization and “radicalization to violence”; existing offences that apply to speech associated with terrorism; comparative experience with glorification crimes; and the restraints that the Charter would place on any similar Canadian law. We conclude that a glorification offence would be ill-suited to Canada’s social and legal environment and that even the slightly more restrained new advocacy offence is flawed. This is especially true for Charter purposes given the less restrictive alternative of applying existing terrorism and other criminal offences to hate speech and speech that incites, threatens, or facilitates terrorism. We are also concerned that the new speech offence could have counter-productive practical public safety effects. We favour that part of Bill C-51 that allows for court-ordered deletion of material on the Internet that was criminal before Bill C-51, namely material that counsels the commission of terrorism offences. However, Bill C-51’s broader provision that allows for the deletion of material that “advocates or promotes the commission of terrorism offences in general” suffers the same flaws as its enactment of a new offence for communicating such statements
Potential for Performance-Based Regulation in the Canadian Offshore Oil and Gas Industry
Get PDFAfter providing a background and comparative assessment of Performance-Based Regulation (PBR) inother offshore oil and gas sectors, the potential for similar application in Canada is discussed. The developments in these sectors have evolved from a prescriptive regulatory scheme to one that is more PBR based. In such a regime, the governing agency sets out objectives for industry performance that include design and operation objectives, as well as expectations for safety and environmental protection. It is then up to the individual company to develop a program as to how they propose to achieve these performance objectives, which is then submitted to the agency for review. The discussion centres on the overall compliance and improvements that have been realized by PBR regimes, and the efficiency of the government agencies. The scheme is intended to be more responsive to industry changes and requires more participation by the regulated companies than in prescriptive regimes. Overall objectives of PBR are to reduce the level of prescriptive measures imposed upon industry by government. while reducing exposure to the risks of offshore oil and gas exploration and development by placing the means ofmanaging the risk in the hands of the operators. The premise of PBR is that these operators are in a belter position to react to changes in technology and risk than are government agencies