Category Archives: Property

No Priority for a Matrimonial Property Certificate of Lis Pendens Sandwiched Between Writs of Enforcement

By: Jonnette Watson Hamilton PDF Version: No Priority for a Matrimonial Property Certificate of Lis Pendens Sandwiched Between Writs of Enforcement Case Commented On: Singh v Mangat, 2016 ABQB 349 (CanLII) The issue in Singh v Mangat was one of priority: … Continue reading

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Putting the Negative in Restrictive Covenants

By: Jonnette Watson Hamilton PDF Version: Putting the Negative in Restrictive Covenants Case Commented On: Russell v Ryan, 2016 ABQB 526 (CanLII) This is a restrictive covenant case involving a planned golf course and an adjacent residential subdivision. It does not … Continue reading

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Pre-Dynex Royalty Agreements Continue to Spawn Interest in Land Litigation

By: Nigel Bankes PDF Version: Pre-Dynex Royalty Agreements Continue to Spawn Interest in Land Litigation Decision Commented On: Re Walter Energy Canada Holdings, Inc., 2016 BCSC 1746 (CanLII) In 2002 the Supreme Court of Canada handed down its decision in Bank … Continue reading

Posted in Contracts, Oil & Gas, Property | 1 Comment

Oral Promises of Land and Controversial Issues in the Doctrine of Part Performance

By: Jonnette Watson Hamilton PDF Version: Oral Promises of Land and Controversial Issues in the Doctrine of Part Performance Case Commented On: Jordan v Skwarek, 2016 ABQB 380 (CanLII) As Master John T. Prowse noted, the facts of this case are … Continue reading

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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

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