Month: November 2007 Page 1 of 2

Keywords: administrative law, real estate, regulation of professions

PDF Version: Standing to Seek Judicial Review or Simply a Matter of Legislative Drafting?

The Real Estate Council of Alberta (RECA), a self-regulatory organization established by section 3 of the Real Estate Act, R.S.A. 2000, c. R-5, administers the licensing of real estate agents, appraisers and mortgage brokers in Alberta and governs the competence and conduct of such industry members via authority granted by the Act. RECA is comprised of eleven (11) council members appointed by various industry associations, and one additional appointee selected by the Minister.

What Zones Were the Subject of a Unitization Agreement?

By Nigel Bankes

On November 11, 2007

In Natural Resources, Oil & Gas

Case Considered: Signalta Resources Limited v. Dominion Exploration Canada Limited, 2007 ABQB 636

Keywords: oil and gas law, expert witnesses, unit agreements, limitations, damages

PDF Version: What Zones Were the Subject of a Unitization Agreement?

The question of what substances are the subject of a unitization has been before the courts on at least one other occasion in Prism Petroleum Ltd v Omega Hydrocarbons Ltd, [1994] 6 WWR 585 (Alta. C.A.). The issue in that case involved a split petroleum and natural gas title. Signalta v. Dominion does not involve a split title in that sense. Rather the issue was whether the title that had been committed to a unitization agreement was confined to the Viking or whether it also included the Glauconite. Put in these terms the issue seems relatively simple but the paper trail was very complex. Combine a complex set of facts with competing expert opinions from well known legal (Ballem and Thackray) and land (O’Byrne) experts and the result is a very lengthy 74 page judgement from Justice A.G. Park in which he concluded that the Glauconite for the relevant tract was never included in the original unitization.

Moot Case Continues to Wind its Way Through Alberta Courts

By Jonnette Watson Hamilton

On November 11, 2007

In Arbitration

Cases Considered: Karaha Bodas Company, L.L.C. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, 2007 ABQB 616

Keywords: arbitration, international commercial arbitration, enforcement of foreign awards, moot case, costs

PDF Version: Moot Case Continues to Wind Its Way Through Alberta Courts

This October 2007 decision by Mr. Justice Robert A. Graesser is one very small part of a long and complex tale that is all too well known in international commercial arbitration circles. The parties’ dispute has been litigated extensively in several countries over the past nine years. With Mr. Justice Graesser’s decision, it will continue to be litigated in this province even though the parties and their dispute have no connection to Alberta and a decision in Alberta would have no effect on the rights of the parties, would not create a useful precedent, and would not put an end to the adversarial relationship between the parties.

Private Justice Delayed

By Jonnette Watson Hamilton

On November 6, 2007

In Arbitration, Family, Property

Cases Considered: Flock v. Flock, 2007 ABCA 287, Flock v. Flock, 2007 ABQB 307

Keywords: arbitration, matrimonial property division, leave to appeal

PDF Version: Private Justice Delayed

In September 2007, Mr. Justice Peter Martin denied leave to appeal of a May 2007 decision by Madam Justice K.M. Horner setting aside an arbitrator’s award dividing matrimonial property. The couple embroiled in this dispute had married in 1982, separated in 1994 and divorced in 1999. The couple had a considerable amount of real property and thorny issues related to property owned prior to the marriage and the value of those properties that should be exempted from the matrimonial property regime. A 6-day arbitration hearing was held before one arbitrator, Alan Beattie, Q.,C., in Calgary in 2003 and he rendered an award 33 months later, in July 2006. Article IX of the arbitration agreement between the couple and Mr. Beattie required the arbitrator to communicate his award to the parties within 60 days of the end of the hearing. The past year of litigation has been devoted to the husband’s application to set aside the July 2006 award.

A Tenant’s Right to Withhold Payment of Rent

By Jonnette Watson Hamilton

On November 6, 2007

In Property

Cases Considered: Botar v. Mainstreet Equity Corp., 2007 ABQB 608

PDF Version: A Tenant’s Right to Withhold Payment of Rent

This appeal illustrates how difficult it can be to evict a residential tenant who has not paid rent for the better part of a year. It also illustrates how well a self-represented litigant can do in the superior courts, the Alberta Court of Queen’s Bench in this case.