Category Archives: Property

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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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 Creditors’ Remedies, Property | 1 Comment