Category Archives: Property

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

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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

The Difference Between a Duplex and a Semi-Detached House

PDF Version: The Difference Between a Duplex and a Semi-Detached House Case commented on: Deagle v 1678452 Alberta Ltd., 2013 ABQB 708 Does permission to construct a semi-detached dwelling allow the building of a secondary suite? That was the essence … Continue reading

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A Case for Reform: The Law of Fraudulent Preferences and Conveyances

PDF Version: A Case for Reform: The Law of Fraudulent Preferences and Conveyances Case Commented On: 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420 The case of 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420, is not significant in and … Continue reading

Posted in Creditor's Remedies, Property | 1 Comment

Client Rights and Lawyers’ Files

PDF Version: Client Rights and Lawyers’ Files Case commented on: Royal Bank of Canada v Kaddoura, 2013 ABQB 630 In a recent decision, Master Prowse held that a client who sues a lawyer may obtain production of documents from the … Continue reading

Posted in Ethics and the Legal Profession, Property | 1 Comment

Disclosure of Foreign Assets in Matrimonial Property Actions

PDF Version: Disclosure of Foreign Assets in Matrimonial Property Actions Case commented on: Chikonyora v Chikonyora, 2013 ABCA 320 Had the decision of the Court of Queen’s Bench been allowed to stand in this case, the division of matrimonial property … Continue reading

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Is a Lease with an Option to Renew a Subdivision?

PDF Version: Is a Lease with an Option to Renew a Subdivision? Case commented on: Strathcona County v. Half Moon Lake Resort Ltd., 2013 ABQB 405 The main question in this case was whether an option to renew a lease … Continue reading

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