Category Archives: Property

Do Covenants to Compensate for Designation as an Historical Resource Run with the Land?

Posted on May 15, 2013 by

PDF version: Do Covenants to Compensate for Designation as an Historical Resource Run with the Land? Cases Considered: Equitable Trust Company v Lougheed Block Inc, 2013 ABQB 209. The foreclosure proceedings taken with respect to the historic Lougheed Building at … Continue reading →

Posted in Municipal Law, Property | Leave a comment

The Manitoba Métis Case and the Honour of the Crown

Posted on April 9, 2013 by

PDF version: The Manitoba Métis Case and the Honour of the Crown Case commented on: Manitoba Métis Federation Inc v Canada (Attorney General), 2013 SCC 14 In its historic decision on the constitutional rights of the Manitoba Métis, the majority of … Continue reading →

Posted in Aboriginal, Constitutional, Property | Leave a comment

Introducing Conditional Immediate Indefeasibility: Section 170(1) of the Land Titles Act

Posted on March 13, 2013 by

PDF version: Introducing Conditional Immediate Indefeasibility: Section 170(1) of the Land Titles Act Legislation commented on: Land Titles Act, RSA 2000, c. L-4, s. 170(1), as amended by the Land Titles Amendment Act, 2008, SA 2008, c 22, s 9. … Continue reading →

Posted in Property | 2 Comments

Managed property, the reserve fund, ultra vires doctrine and other issues in interpreting the Condominium Property Act

Posted on November 28, 2012 by

PDF version: Managed property, the reserve fund, ultra vires doctrine and other issues in interpreting the Condominium Property Act Case commented on: Maciejko v Condominium Plan No. 9821495, 2012 ABQB 607 Maciejko v Condominium Plan No. 9821495 (“Shores“) is posed … Continue reading →

Posted in Property | 3 Comments

Proprietary estoppel is alive and well in Alberta (at least for the over fifties)

Posted on November 21, 2012 by

PDF version: Proprietary estoppel is alive and well in Alberta (at least for the over fifties) Case commented on: Parkdale Nifty Fifties Seniors Association v Calgary (City), 2012 ABCA 301 I confess that I don’t find the name “Nifty Fifties” … Continue reading →

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Court of Appeal approves decision concluding that water rights did not pass with a transfer of land

Posted on November 7, 2012 by

PDF version: Court of Appeal approves decision concluding that water rights did not pass with a transfer of land Cases Considered: Canada Finance Corporation Limited v Hirsche Herefords, 2012 ABCA 315 The Court of Appeal has dismissed the appeal from … Continue reading →

Posted in Property, Water Law | Leave a comment

Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title

Posted on September 21, 2012 by

PDF version: Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title Case Considered: Encana Corporation v Devon Canada Corporation, 2012 ABCA 271, aff’g 2011 ABQB 431.  The Court of … Continue reading →

Posted in Energy, Natural Resources, Property | 1 Comment

The Pleasures and Perils of Holograph Wills

Posted on August 28, 2012 by

PDF version: The Pleasures and Perils of Holograph Wills Case Considered: Lubberts Estate, 2012 ABQB 506  This Court of Queen’s Bench decision interprets a provision in a holograph will.  The case is an example of the not-uncommon human tendency to try … Continue reading →

Posted in Family, Property, Wills and Estates | 3 Comments

Gardening on Vacant Land –Through Calgary’s Lens

Posted on July 9, 2012 by

PDF version: Gardening on Vacant Land –Through Calgary’s Lens Comment: Gardening on Vacant Land in Calgary – Part II The ABlawg post Part I of Gardening on Vacant Land in Calgary, Verdant History, Volatile Endeavor, described the rich history of … Continue reading →

Posted in Environmental, Municipal Law, Property | 1 Comment

Disgorgement Damages Awarded against Canada for Breach of a Modern Land Claim Agreement

Posted on July 5, 2012 by

PDF version: Disgorgement Damages Awarded against Canada for Breach of a Modern Land Claim Agreement Case commented on: NTI v Canada (Attorney General), 2012 NUCJ 11 In this important case Justice Earl Johnson in the Nunavut Court of Justice has … Continue reading →

Posted in Aboriginal, Property | 1 Comment