Category Archives: Property

Expiration of Confidentiality also gives Boards the Liberty to Copy and Distribute

By: Nigel Bankes PDF Version: Expiration of Confidentiality also gives Boards the Liberty to Copy and Distribute Case Commented On: Geophysical Services Incorporated v Encana Corporation, 2016 ABQB 230 This decision involves rights to seismic data. Under Canadian law (and … Continue reading

Posted in Intellectual Property, Oil & Gas, Property, Statutory Interpretation | Leave a comment

Calculating Damages for a Trespass to Land, Actionable Per Se

By: Jonnette Watson Hamilton PDF Version: Calculating Damages for a Trespass to Land, Actionable Per Se Case Commented On: Corlis v Blue Grass Sod Farms Ltd., 2016 ABPC 55 (CanLII) Frank Corlis, the plaintiff in this action, was awarded the … Continue reading

Posted in Property, Torts | 1 Comment

Can a Co-owner Acquire Title to Their Co-owner’s Share through Adverse Possession?

By: Nickie Nikolaou PDF Version: Can a Co-owner Acquire Title to Their Co-owner’s Share through Adverse Possession? Case Commented On: Denesik v Verhulst Estate, 2016 ABQB 36 Acquiring title through adverse possession in Alberta is difficult and successful cases are … Continue reading

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Can We Keep the Horses in the Barn? Investigation Report on Alberta Environment’s Destruction of Records after the 2015 Provincial Election

By: Linda McKay-Panos PDF Version: Can We Keep the Horses in the Barn? Investigation Report on Alberta Environment’s Destruction of Records after the 2015 Provincial Election Report Commented On: Information and Privacy Commissioner, Public Interest Commissioner, Investigation Report on Alleged … Continue reading

Posted in Property | 2 Comments

The Residential Tenancies Act and Domestic Violence: Facilitating Flight?

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The Residential Tenancies Act and Domestic Violence: Facilitating Flight? Legislation Commented On: Bill 204: Residential Tenancies (Safer Spaces for Victims of Domestic Violence) Amendment Act, 2015 Bill 204, the Residential Tenancies … Continue reading

Posted in Landlord/Tenant, Property, State Responses to Violence | 2 Comments

“Champagne Wishes and Caviar Dreams”

By: Jonnette Watson Hamilton PDF Version: “Champagne Wishes and Caviar Dreams” Case Commented On: Hood v Skauge, 2015 ABQB 476 (CanLII) Those who are old enough to remember — and who liked — the 1984-1995 TV show, “Lifestyles of the … Continue reading

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Expensive, Complex Appeals from Residential Tenancy Dispute Resolution Service Orders

By: Jonnette Watson Hamilton      PDF Version: Expensive, Complex Appeals from Residential Tenancy Dispute Resolution Service Orders Case Commented On: Nee v Ayre & Oxford Inc, 2015 ABQB 402 (CanLII) The decision by Justice Donald Lee in Nee v Ayre & … Continue reading

Posted in Access to Justice, Landlord/Tenant, Property | 2 Comments

A Trap for the Unwary: Assuming High Ratio Mortgages

By: Jonnette Watson Hamilton PDF Version: A Trap for the Unwary: Assuming High Ratio Mortgages Case Commented On: CIBC Mortgages Inc v Abdallah, 2015 ABQB 363 (CanLII); Bank of Montreal v Hoehn, 2010 ABQB 405 (CanLII) Five years ago, in … Continue reading

Posted in Property | 1 Comment

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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