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Editorials

Editorial

Authors: Rowland J. Harrison, K.C. and Gordon E. Kaiser ×

The recent Alberta and federal elections, resulting in a change of political party at both levels of government, are likely to have significant implications for energy policy and regulation in Canada. Each of the predecessor federal and Alberta governments has, […]

December 2015 – Volume 3, issue 4 2015
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Articles

The View from Alberta: Recent Developments in Provincial and Interprovincial Energy Policy

Authors: Alan L. Ross and Lorelle Binnion ×

In May, 2015 Alberta elected – for the first time in the Province’s history – a New Democratic Party (“NDP”) majority government, replacing over 44 years of Progressive Conservative rule […]

December 2015 – Volume 3, issue 4 2015
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Articles

Arbitrations Involving Regulated Utilities

Author: Gordon E. Kaiser ×

Arbitration is the common dispute resolution procedure in the energy industry. The reasons differ depending on whether it is the upstream sector or the downstream sector. Most of the writing about energy arbitration relates to the upstream sector, which is […]

December 2015 – Volume 3, issue 4 2015
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National Energy Board Procedural Reform – Round 2 Goes to the Regulator

Authors: C. Kemm Yates K.C. and Sarah Nykolaishen ×

“High court won’t hear challenge The National Energy Board has the right to limit evidence or exclude participants from the Kinder Morgan pipeline hearing, or any other hearing it conducts. That’s the effect of a Supreme Court of Canada decision […]

December 2015 – Volume 3, issue 4 2015
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Supreme Court of Canada Will Hear “Charter Damages” Case Against Alberta’s Energy Regulator

Authors: Alan L. Ross, Michael Marion and Michael Massicotte ×

On April 30, 2015, the Supreme Court of Canada granted leave to appeal to Jessica Ernst in her ongoing claim against the Energy Resources Conservation Board (predecessor to the Alberta Energy Regulator) (the “Board”) and others relating to the damages […]

December 2015 – Volume 3, issue 4 2015
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ATCO Pensions, Ontario Hydro, Prudency, and Reasonableness: a Case Comment on Ontario (Energy Board) v Ontario Power Generagtion Inc. & ATCO Gas and Pipeines Ltd. v Alberta (Utilities Commission)

Author: Moin A. Yahya ×

Two cases decided by the Supreme Court on September 25th, 2015 paved the way for utility regulators to address utility costs without fear of formalism […]

December 2015 – Volume 3, issue 4 2015
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The Southern California Gas Decision: the First Distributed Energy Resource Service Tariff

Author: Gordon E. Kaiser ×

In today’s world it is rare that a public utility gets any good news. Recently the Alberta Court of Appeal ruled that the cost of stranded assets is for the account of the shareholder not the ratepayer1 confirming three earlier […]

December 2015 – Volume 3, issue 4 2015
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BC’s Environmental Appeal Board Overturns Nexen Water Licence on Appeal by Fort Nelson First Nation

Author: Erica C. Miller ×

On September 3, 2015, British Columbia’s Environmental Appeal Board (“EAB”) issued a precedent-setting decision (the “Decision”) granting an appeal brought on behalf of the members of the Fort Nelson First Nations […]

December 2015 – Volume 3, issue 4 2015
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Supreme Court of Canada Confirms Generous and Liberal Approach to the Recognition and Enforcement of Foreign Judgments

Authors: David A. Crerar and Kalie N. McCrystal ×

In Chevron Corp. v Yaiguaje,1 the Supreme Court of Canada confirms that Canadian courts should take a generous and liberal approach […]

December 2015 – Volume 3, issue 4 2015
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