Category Archives: Property

Two Alberta Perpetuities Stories

By: Nigel Bankes PDF Version: Two Alberta Perpetuities Stories Matters Commented On: Bill 8, Justice Statutes Amendment Act and Gottlob Schmidt’s donation to the province of Antelope Provincial Park This post covers two matters. The first is the amendment to … Continue reading

Posted in Environmental, Property | 1 Comment

Judicial Economy, Judicial Extravagance and Pension Splitting under a Matrimonial Property Order

By: Jonnette Watson Hamilton PDF Version: Judicial Economy, Judicial Extravagance and Pension Splitting under a Matrimonial Property Order Case Commented On: McMorran v Alberta Pension Services Corporation, 2014 ABCA 387 The Court of Appeal decision in McMorran v Alberta Pension Services … Continue reading

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Bill 1, Respecting Property Rights Act: A Damp Squib and a Good Thing Too

By: Nigel Bankes PDF Version: Bill 1, Respecting Property Rights Act: A Damp Squib and a Good Thing Too Bill Commented On: Bill 1: Respecting Property Rights Act The good news about Bill 1 for those with communitarian views is … Continue reading

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Disagreement in the Court of Appeal about the Wisdom of Judicial Economy

By: Jonnette Watson Hamilton PDF Version: Disagreement in the Court of Appeal about the Wisdom of Judicial Economy Case Commented On: Calgary Jewish Academy v Condominium Plan 9110544, 2014 ABCA 279 In this judgement, the Court of Appeal reversed the … Continue reading

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What Does Radical Title Add to the Concept of Sovereignty?

By: Nigel Bankes and Jonnette Watson Hamilton PDF Version: What Does Radical Title Add to the Concept of Sovereignty? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Crown’s radical title plays a larger role in the … Continue reading

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Establishing Aboriginal Title: A Return to Delgamuukw

By: Jonnette Watson Hamilton PDF Version: Establishing Aboriginal Title: A Return to Delgamuukw Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The declaration of Aboriginal title by the Supreme Court of Canada on June 26, 2014 — … Continue reading

Posted in Aboriginal, Property | 2 Comments

Conservation Easements and Fraud under the Land Titles Act

By: Jonnette Watson Hamilton PDF Version: Conservation Easements and Fraud under the Land Titles Act Case commented on: Nature Conservancy of Canada v Waterton Land Trust Ltd, 2014 ABQB 303 This 130 page, 605 paragraph judgment penned by Justice Paul … Continue reading

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Constraining a Landlord’s Ability to Terminate a Residential Tenancy by Raising the Rent

By: Jonnette Watson Hamilton PDF Version: Constraining a Landlord’s Ability to Terminate a Residential Tenancy by Raising the Rent Case commented on: Milner’s Aloha Mobile Home Park (1998) Ltd v Jenkins, 2014 ABQB 229 (CanLII) This is an important decision … Continue reading

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The Abatement of Rent Remedy under Alberta’s Residential Tenancies Act

By: Jonnette Watson Hamilton PDF Version: The Abatement of Rent Remedy under Alberta’s Residential Tenancies Act Case commented on: Perpelitz v Manor Management Ltd., 2014 ABPC 63 There are few enough written decisions considering the landlord’s duties under Alberta’s 10-year-old … Continue reading

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What is the Legal Effect of an Unenforceable Agreement in an Unjust Enrichment Claim?

By: Jonnette Watson Hamilton PDF Version: What is the Legal Effect of an Unenforceable Agreement in an Unjust Enrichment Claim? Case commented on: Lemoine v Griffith, 2014 ABCA 46 The recent decision of the Alberta Court of Appeal in Lemoine … Continue reading

Posted in Family, Property | 1 Comment