http://ablawg.ca/2007/12/12/standing-against-public-participation-at-the-alberta-energy-and-utilities-board/ Sun, 12 Feb 2012 07:59:26 +0000 http://wordpress.org/?v=2.3.3 http://ablawg.ca/2007/12/12/standing-against-public-participation-at-the-alberta-energy-and-utilities-board/#comment-76067 ABlawg.ca » Blog Archive » The problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan solution Tue, 17 Nov 2009 17:58:58 +0000 http://ablawg.ca/2007/12/12/standing-against-public-participation-at-the-alberta-energy-and-utilities-board/#comment-76067 [...] limits the number of persons that can legally contest an energy project (See Bankes supra and also Standing Against Public Participation at the Alberta Energy and Utilities Board). The ERCB has a very narrow view of what persons have an adequate legal interest to obtain [...] […] limits the number of persons that can legally contest an energy project (See Bankes supra and also Standing Against Public Participation at the Alberta Energy and Utilities Board). The ERCB has a very narrow view of what persons have an adequate legal interest to obtain […]

]]> http://ablawg.ca/2007/12/12/standing-against-public-participation-at-the-alberta-energy-and-utilities-board/#comment-50648 ABlawg.ca » Blog Archive » What is sauce for the goose is sauce for the gander (and other, more mixed, metaphors): and a prediction as to the role of power and influence on law-making in the province. Wed, 25 Feb 2009 18:41:08 +0000 http://ablawg.ca/2007/12/12/standing-against-public-participation-at-the-alberta-energy-and-utilities-board/#comment-50648 [...] like Sawyer v. Alberta Energy and Utilities Board, 2007 ABCA 297 (see Shaun Fluker’s post Standing Against Public Participation at the Alberta Energy and Utilities Board). The difference this time is that these guys carry big [...] […] like Sawyer v. Alberta Energy and Utilities Board, 2007 ABCA 297 (see Shaun Fluker’s post Standing Against Public Participation at the Alberta Energy and Utilities Board). The difference this time is that these guys carry big […]

]]> http://ablawg.ca/2007/12/12/standing-against-public-participation-at-the-alberta-energy-and-utilities-board/#comment-44254 ABlawg.ca » Blog Archive » Obtaining leave to appeal an ERCB decision: Where is the justice? Tue, 20 Jan 2009 01:22:59 +0000 http://ablawg.ca/2007/12/12/standing-against-public-participation-at-the-alberta-energy-and-utilities-board/#comment-44254 [...] Section 41 of the Energy Resources Conservation Act, R.S.A. 2000 c. E-10 provides for an appeal from a decision of the Energy Resources Conservation Board (ERCB) on questions of law or jurisdiction with leave of the Court of Appeal. The test for leave includes a consideration of four factors: (1) whether the point on appeal is of significance to the practice; (2) whether the point raised is of significance to the action itself; (3) whether the appeal is prima facie meritorious; and (4) whether the appeal will unduly hinder the progress of the action. Bearspaw Petroleum Ltd. v. Alberta Energy and Utilities Board is one of many recent leave to appeal decisions from the Court (See for example “Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board” ). What strikes me about this decision is how it compares to the Court’s decision to deny leave to appeal in Sawyer v. Alberta Energy and Utilities Board, 2007 ABCA 297 (see “Standing against public participation at the Alberta Energy and Utilities Board”). [...] […] Section 41 of the Energy Resources Conservation Act, R.S.A. 2000 c. E-10 provides for an appeal from a decision of the Energy Resources Conservation Board (ERCB) on questions of law or jurisdiction with leave of the Court of Appeal. The test for leave includes a consideration of four factors: (1) whether the point on appeal is of significance to the practice; (2) whether the point raised is of significance to the action itself; (3) whether the appeal is prima facie meritorious; and (4) whether the appeal will unduly hinder the progress of the action. Bearspaw Petroleum Ltd. v. Alberta Energy and Utilities Board is one of many recent leave to appeal decisions from the Court (See for example “Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board” ). What strikes me about this decision is how it compares to the Court’s decision to deny leave to appeal in Sawyer v. Alberta Energy and Utilities Board, 2007 ABCA 297 (see “Standing against public participation at the Alberta Energy and Utilities Board”). […]

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