Category Archives: Remedies

A Stay in the Khadr Litigation

Posted on July 30, 2010 by

Case Considered: Canada (Prime Minister) v. Khadr, 2010 FCA 199 The litigation saga of Omar Khadr continues. On July 22, 2010, the Federal Court of Appeal granted a stay pending appeal of the most recent order of the Federal Court … Continue reading →

Posted in Constitutional, Remedies | Leave a comment

The Third Time Is the Charm? The Ongoing Litigation Regarding Omar Khadr

Posted on July 22, 2010 by

PDF version: The Third Time Is the Charm? The Ongoing Litigation Regarding Omar Khadr Case considered: Khadr v. Canada (Prime Minister), 2010 FC 715. Omar Khadr, perhaps the most controversial of the detainees at the U.S. naval base at Guantanamo Bay, … Continue reading →

Posted in Constitutional, Remedies, Supreme Court of Canada | Leave a comment

Court of Appeal rejects the constructive trust analysis in Brookfield

Posted on June 25, 2009 by

Case considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2009 ABCA 99, reversing 2008 ABQB 444 PDF version:  Court of Appeal rejects the constructive trust analysis in Brookfield The Court of Appeal by a 2:1 majority (Justices … Continue reading →

Posted in Oil & Gas, Remedies | Leave a comment

“Litigation by installments”: Further Developments in the Black Bear Crossing Dispute

Posted on January 26, 2009 by

Cases Considered: Tsuu T’ina Nation v. Frasier, 2009 ABCA 23. PDF Version: “Litigation by installments”: Further Developments in the Black Bear Crossing Dispute As noted in a previous post, a February 2008 decision of the Alberta Court of Appeal effectively … Continue reading →

Posted in Aboriginal, Constitutional, Remedies | Leave a comment

Valuing the Value of Land, Not the Land: Affirming the Unavailability of Specific Performance of Agreements for the Purchase and Sale of Land

Posted on October 17, 2008 by

Cases Considered: 365733 Alberta Ltd. v. Tiberio, 2008 ABCA 341 PDF Version:  Valuing the Value of Land, Not the Land: Affirming the Unavailability of Specific Performance of Agreements for the Purchase and Sale of Land The Alberta Court of Appeal … Continue reading →

Posted in Property, Remedies | Leave a comment

When is a non-operator entitled to a constructive trust over the operator’s own assets?

Posted on October 11, 2008 by

Cases Considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2008 ABQB 444 PDF Version: When is a non-operator entitled to a constructive trust over the operator’s own assets? In this case Justice Bruce McDonald ruled that … Continue reading →

Posted in Oil & Gas, Remedies | 2 Comments

Family Violence Cases in Alberta: A Snapshot

Posted on September 22, 2008 by

Cases Considered: M.E.B. v. C.W.M., 2008 ABQB 484; N.L.B. v. K.G.C., 2008 ABQB 485; R. v. M.S., 2008 ABQB 488; K.F. v. A.F., 2008 ABQB 496. PDF Version: Family Violence Cases in Alberta: A Snapshot In a one week period … Continue reading →

Posted in Criminal, Remedies, State Responses to Violence | 1 Comment

What’s Wrong with Landlords’ Rights?

Posted on July 22, 2008 by and

Cases Considered: 550 Capital Corp. v. David S. Cheetham Architect Ltd., 2008 ABQB 370 PDF Version: What’s Wrong with Landlords’ Rights? Is it wrong for a landlord to insist on compliance with a term of a commercial lease? The recent … Continue reading →

Posted in Property, Remedies | Leave a comment

Challenging Purchasers’ Ability to Obtain Specific Performance of Agreements for the Purchase and Sale of Land

Posted on June 24, 2008 by

Cases Considered: 365733 Alberta Ltd. v. Tiberio, 2008 ABQB 328 PDF Version: Challenging Purchasers’ Ability to Obtain Specific Performance of Agreements for the Purchase and Sale of Land 365733 Alberta Ltd. v. Tiberio illustrates how commonplace challenges to purchasers’ ability … Continue reading →

Posted in Property, Remedies | 1 Comment

Making Noise: Loudspeaker Preaching to Homeless Leads to Contempt and Injunction

Posted on May 16, 2008 by

Cases Considered: Pawlowski v. Calgary (City), 2008 ABQB 267 PDF Version: Making Noise: Loudspeaker Preaching to Homeless Leads to Contempt and Injunction  The Street Church Ministries (“SCM”) and its leader, Artur Pawlowski, have been active and controversial participants in Calgary’s … Continue reading →

Posted in Constitutional, Municipal Law, Remedies | 1 Comment