Cases considered: Robinson v. Fiesta Hotel Group Resorts, 2008 ABQB 311
PDF Version: Ability to Sue in Alberta for Injuries Sustained on a Holiday Abroad
If like many Canadians you decide to take a winter vacation to follow the sun and you sustain serious personal injuries because of the negligence of your hotel, you may well want to sue the hotel in Alberta. Can you do so? Is it worthwhile to do so? These were two of the questions facing James Robinson.
Cases Considered: 550 Capital Corp. v. David S. Cheetham Architect Ltd., 2008 ABQB 370
PDF Version: What’s Wrong with Landlords’ Rights?
Is it wrong for a landlord to insist on compliance with a term of a commercial lease? The recent judgment of Mr. Justice Sandy Park in 550 Capital Corp. v. David S. Cheetham Architect Ltd. certainly seems to indicate that it is inequitable for a landlord to require a tenant to do what it should have done, namely, to request the landlord’s consent to an assignment of the lease. The unidentified type of estoppel found to prevent the landlord from terminating the lease and the unnecessary relief from forfeiture granted so that the tenant could undo its assignment both appear, with all due respect, to be unjustified both on the facts and the law.
Cases Considered: Mainstreet Hair Salon 1992 Ltd. v. Schumaker, 2008 ABQB 363
PDF Version: Bankruptcy and Student Loan Debts: An Ongoing Problem
Many individuals would be unable to undertake post-secondary education without assistance in the form of student loans for tuition payments and living expenses. Last year, about 350,000 college and university students relied on federal student loans worth $1.9 billion (K. Pinchin, “Government Accused of Milking Student Loan Plan,” Globe and Mail, July 22, 2007). The fact remains, however, that many students are unable to repay the loan upon graduation, and even an assignment in bankruptcy fails to discharge the debt. This comment discusses the difficulty surrounding the student loan and bankruptcy issue and determines that an answer satisfactory to all sides has yet to be reached.
Cases Considered: Boardwalk REIT LLP v. Edmonton (City), 2008 ABCA 176
PDF Version: “Improper Jumps in Reasoning” on Judicial Disqualification says Court of Appeal
Enough already! That’s the Alberta Court of Appeal’s message on judicial disqualification applications. The court is not saying, “leave potential bias issues to us.” It is merely reinforcing the time honoured “reasonable apprehension of bias” principle. But there is a twist in this case. In fact, there are two.
Cases Considered: Husky Oil Operations Limited v. Gulf Canada Resources Limited 2008 ABQB 390
PDF Version: What happens when parties operate an oil battery without a formal agreement?
Husky Oil has complicated facts, some complex law (unjust enrichment, fiduciary obligation, rectification) and a confusing judgment, but surely only one possible result. Indeed, we wonder why it ever went to court at all.
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