Wesley v. Alberta

CourtCourt of Appeal (Alberta)
JudgeKhullar; Slatter; Hughes
Judgment Date23 August 2024
Citation2024 ABCA 276
Docket Number2201-0282AC; 2201-0286AC
Date23 August 2024

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19 practice notes
  • Chief Heidi Cook et al. v. The Government of Manitoba et al.
    • Canada
    • Court of King's Bench of Manitoba (Canada)
    • May 11, 2026
    ...Such declarations of breach necessarily require the court to also declare the existence of the underlying right (see Wesley v Alberta, 2024 ABCA 276, at para. 184). Indeed, without confirming the nature and content of a right, it is impossible to determine whether that right has been breach......
  • Bow Valley Engage Society v. Alberta (Environmental Protection and Enhancement Act, Designated Director)
    • Canada
    • Court of Appeal (Alberta)
    • June 10, 2026
    ...Stoney Nakoda’s claimed Aboriginal rights or Aboriginal title over these lands was resolved by this Court’s decision in Wesley v Alberta, 2024 ABCA 276, 499 DLR (4th) 197, which was issued a month prior to the chambers judge’s decision, and the first chambers judge overlooked this Court’s d......
  • Bow Valley Engage Society v Alberta (Environmental Protection and Enhancement Act, Designated Director)
    • Canada
    • Court of Appeal (Alberta)
    • June 10, 2026
    ...Stoney Nakoda's claimed Aboriginal rights or Aboriginal title over these lands was resolved by this Court's decision in Wesley v Alberta, 2024 ABCA 276, 499 DLR (4th) 197, which was issued a month prior to the chambers judge's decision, and the first chambers judge overlooked this Court's d......
  • Graham v. Graham
    • Canada
    • Court of Appeal (Alberta)
    • April 1, 2026
    ...of damages for improvements allegedly made to the lands in the years gone by. As such, it is remedial in nature: Wesley v Alberta, 2024 ABCA 276 at paras [46] The relief sought by the John Graham family was clearly remedial, as they could not enjoy the benefits of a declaration without furt......
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20 cases
  • Chief Heidi Cook et al. v. The Government of Manitoba et al.
    • Canada
    • Court of King's Bench of Manitoba (Canada)
    • May 11, 2026
    ...Such declarations of breach necessarily require the court to also declare the existence of the underlying right (see Wesley v Alberta, 2024 ABCA 276, at para. 184). Indeed, without confirming the nature and content of a right, it is impossible to determine whether that right has been breach......
  • Bow Valley Engage Society v. Alberta (Environmental Protection and Enhancement Act, Designated Director)
    • Canada
    • Court of Appeal (Alberta)
    • June 10, 2026
    ...Stoney Nakoda’s claimed Aboriginal rights or Aboriginal title over these lands was resolved by this Court’s decision in Wesley v Alberta, 2024 ABCA 276, 499 DLR (4th) 197, which was issued a month prior to the chambers judge’s decision, and the first chambers judge overlooked this Court’s d......
  • Cowichan Tribes v Canada (Attorney General)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 7, 2025
    ...effects: at para. 69. 2930 The Alberta Court of Appeal considered the issue of the effects of a declaration in Wesley v. Alberta, 2024 ABCA 276 [ Wesley], leave to appeal to SCC ref'd, 41515 (15 May 2025). The case management judge had held that some claims were barred by the passage of tim......
  • Bow Valley Engage Society v Alberta (Environmental Protection and Enhancement Act, Designated Director)
    • Canada
    • Court of Appeal (Alberta)
    • June 10, 2026
    ...Stoney Nakoda's claimed Aboriginal rights or Aboriginal title over these lands was resolved by this Court's decision in Wesley v Alberta, 2024 ABCA 276, 499 DLR (4th) 197, which was issued a month prior to the chambers judge's decision, and the first chambers judge overlooked this Court's d......
  • Get Started for Free