ALBERTA LAW REVIEW最新文献_第9页

Recent Legislative and Regulatory Developments of Interest to Energy Practitioners 能源从业者感兴趣的最新立法和监管发展

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2512

Carolyn Milne, Vivek Warrier, Dierdre Sheehan, Blake Williams

引用次数: 0

Prudence, Stranded Assets, and the Regulation of Utilities: A Review of Alberta Utility Regulatory Principles in a Post-Stores Block Era 谨慎、搁浅资产和公用事业监管：后商店封锁时代阿尔伯塔公用事业监管原则回顾

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2509

Lou Cusano, D. M. Wood, E. Dickinson, G. Bruni

引用次数: 0

Sober Second Thoughts: Litigating Purchase and Sale Agreements in the Energy Industry 清醒的反思:能源行业买卖协议诉讼

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2510

Michael A. Marion, Miles Pittman, Leanne Desbarats, Blair McGeough

引用次数: 0

May You Litigate in Interesting Times: Specific Performance, Mitigation, and Valuation Issues in a Rising (or Falling) Market 你会在有趣的时候提起诉讼吗:在上涨(或下跌)的市场中，具体的业绩、缓解和估值问题

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2508

S. Gordon, Howard A. Gorman, Q.C., G. Benediktsson

{"title":"May You Litigate in Interesting Times: Specific Performance, Mitigation, and Valuation Issues in a Rising (or Falling) Market","authors":"S. Gordon, Howard A. Gorman, Q.C., G. Benediktsson","doi":"10.29173/ALR2508","DOIUrl":"https://doi.org/10.29173/ALR2508","url":null,"abstract":"This article provides practical insight and strategic guidance regarding how to properly structure the prosecution or defence of a claim in a rising and falling market, and what expert and fact evidence is necessary. First, the article discusses the threshold required to be awarded specific performance and how courts have interpreted Semelhago’s “uniqueness” test, especially in the context of property purchased for commercial investment purposes. Next, if specific performance is not awarded, the valuation date must be chosen. The authors propose a new “hybrid approach” for assessing damages whereby the loss based on actual cash follow up to the date of trial is measured (and a risk adjustment applied to reflect that revenues are never earned risk-free). The net present value of remaining cash flow is then calculated on the basis of the most recent data available at the date of trial. The proposed hybrid approach allows the plaintiff to receive the value of land less the cost to acquire it, plus in every claim month the plaintiff receives the cash it would have earned, but also assumes the risk of operating the land as of that time. Finally, in considering Southcott the authors address some strategic and practical considerations regarding mitigation and the needed evidentiary burden to consider.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41822439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Recent Judicial Decisions of Interest to Energy Lawyers 能源律师最近感兴趣的司法裁决

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2511

O. Dixon, C. Feasby, J. Lee

引用次数: 0

Waste Not, Want Not: "Waste" as a Tool of Resource Conservation in the Atlantic Canadian Offshore 不浪费，不匮乏:“浪费”作为加拿大大西洋近海资源保护的工具

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2506

G. Moores, M. Andrews, A. Whitehead

{"title":"Waste Not, Want Not: \"Waste\" as a Tool of Resource Conservation in the Atlantic Canadian Offshore","authors":"G. Moores, M. Andrews, A. Whitehead","doi":"10.29173/ALR2506","DOIUrl":"https://doi.org/10.29173/ALR2506","url":null,"abstract":"As the Atlantic Canadian oil and gas industry continues to mature, offshore regulators face new and varied issues as they work to implement the objectives of the Atlantic Accords. Laws that were largely developed before the Atlantic Canadian offshore contained producing projects are now being applied to a diverse and evolving industry. As is often the case, laws, as expressed on paper, can prove difficult to apply to each unique set of circumstances that arises in practice.Fundamentally, many of the powers of the Atlantic Canadian offshore regulators rely on the concept of “waste.” An offshore regulator can order a company to commence, continue, or increase production of petroleum where it is of the opinion that such an order “would stop waste.” Conversely, the regulators may order a decrease, cessation, or suspension of the production of petroleum for the same reason. In certain situations of “waste,” the Accord Acts provide for a “forced marriage” via compulsory unitization.While “waste” is instrumental to the authority of the offshore regulators, by necessity its definition is open to some interpretation. This article will explore various interpretations of “waste,” and examine the role of waste in the Atlantic Canadian offshore regimes.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45210151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Rethinking the Ramifications of Reasonableness Review: Stare Decisis and Reasonableness Review on Questions of Law 对合理性审查后果的再思考:法律问题上的判决与合理性审查

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/alr2499

M. Biddulph

{"title":"Rethinking the Ramifications of Reasonableness Review: Stare Decisis and Reasonableness Review on Questions of Law","authors":"M. Biddulph","doi":"10.29173/alr2499","DOIUrl":"https://doi.org/10.29173/alr2499","url":null,"abstract":"The recent fashion in the Canadian law of judicial review is to apply the reasonableness standard of review to virtually any decision rendered by an administrative decision-maker. Reasonableness review is a deferential standard of review that requires a court to ensure that the administrative decision falls within a range of reasonable outcomes that are defensible in light of the facts and law. When reasonableness review is applied to questions of law, the Supreme Court has occasionally ruled that the question admits of only one reasonable interpretation and has affirmed or quashed an administrative decision on that basis.This article addresses the difficult question of whether a judicial decision affirming that a provision admits of only one reasonable interpretation is strictly binding on an administrative decision-maker interpreting that provision in the future. If reasonableness review is premised on deference, then deference ought to apply to an administrative decision-maker’s interpretation of that question in the future, even if it differs from the court’s interpretation. After situating this issue within the principled foundation of the Canadian law of judicial review, this article explores possible solutions to this problem, attempting to balance the need to protect the rule of law against the rationale for deference to administrative interpretations of law in the first place. It ultimately concludes by suggesting that, should Canadian courts continue to apply reasonableness review to virtually all questions of law, a uniquely administrative law approach to stare decisis will need to be developed in order to maintain a coherent and principled system of judicial review.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45141192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Alberta’s Oil Sands: An Unsecured Asset? An Analysis of the Mine Financial Security Program in Relation to Surface Mining of the Alberta Oil Sands 阿尔伯塔省的油砂：无担保资产？阿尔伯塔油砂露天开采的矿山财务保障方案分析

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/ALR2501

Michelle Cook

{"title":"Alberta’s Oil Sands: An Unsecured Asset? An Analysis of the Mine Financial Security Program in Relation to Surface Mining of the Alberta Oil Sands","authors":"Michelle Cook","doi":"10.29173/ALR2501","DOIUrl":"https://doi.org/10.29173/ALR2501","url":null,"abstract":"This article conducts a comprehensive review of Alberta’s Mine Financial Security Program (MFSP), the provincial program that governs the collection of financial assurance for reclamation liabilities (also known as “reclamation liability security,” “financial reclamation sureties,” or “closure bonds”). This article assesses the MFSP program in relation to surface oil sands mining. It concludes that while the recently implemented MFSP has improved some aspects of the oil sands reclamation security regime, Alberta’s MFSP still suffers from issues of transparency, inadequate collection of financial security, and utilization of underinclusive classifications of environmental liabilities. Moreover, this article analyzes the particular risk that oil sands assets have of “stranding” (namely, being unanticipatedly or prematurely written off, downwardly revalued, or converted to a liability) as well as how stranding would impact Alberta’s financial assurance regime.This article concludes that while the oil sands are at a heightened risk for asset stranding compared to the international oil industry as a whole, international oil and gas assets are unlikely to become completely stranded. This article also finds that investors have likely already priced the risk of asset stranding at 1.5–2 percent and will be unlikely to readjust their portfolios unless divestment campaigns strengthen or environmental legislation becomes more certain. The MFSP uses a method that does not account for large fluctuations in oil prices, nor does it sufficiently account for the risk of partial stranding. If asset stranding were to occur, the only way the Alberta government would be able to afford the costs of reclamation would be to paradoxically develop the very resource that was defaulted on, against the environmental legislation or political pressures that caused the stranding.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43052343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Medical Assistance in Dying: Canadian Registry Recommendations 临终医疗救助：加拿大注册处建议

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/ALR2497

Q. C. R. M. Carter, Brandyn Rodgerson, M. Grace

引用次数: 0

Novel Uses of the Charter Following Doré and Loyola 多拉和洛约拉之后宪章的新用途

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/alr2498

Edward Cottrill

{"title":"Novel Uses of the Charter Following Doré and Loyola","authors":"Edward Cottrill","doi":"10.29173/alr2498","DOIUrl":"https://doi.org/10.29173/alr2498","url":null,"abstract":"Doré and Loyola affirmed that administrative decision-makers have a duty to balance statutory aims and values protected by the Charter. In several cases, decision-makers have weighed Charter protections and values on both sides of a contested issue. Sometimes this is a matter of a genuine conflict between different Charter restraints on the state. In other situations, Charter values or even Charter rights have been found to weigh on the side of state action, providing support and justification for an otherwise Charter-infringing state act. Such cases challenge an orthodox understanding of the Charter’s nature and role. In this article, the author describes the orthodox view of the Charter within a broadly classical liberal model; that is, as being a restraint on the state, as affecting government rather than private conduct, and as being a source of few free-standing positive entitlements. The author then describes the pre-Doré exceptions to these basic precepts and contrasts the uses made of the Charter by administrative decision-makers via the balancing prescribed in Doré and Loyola, noting where the outcome or analysis has challenged an orthodox conception of our Charter. The article then situates these developments within contemporary discussions of the relevance of orthodox liberal constitutionalism in Canada.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42726465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2