Category Archives: Property

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

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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

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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

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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

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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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