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Author Archives: Jonnette Watson Hamilton
The perils of selling the same property twice (with an aside on styles of appellate decision-making)
Case considered: Castledowns Law Office Management Ltd. v. FastTrack Technologies Inc., 2009 ABCA 148 PDF version: The perils of selling the same property twice (with an aside on styles of appellate decision-making) This was a dispute between two purchasers of … Continue reading
Posted in Appellate Practice, Contracts, Property
1 Comment
Do testators have moral as well as legal obligations to their dependants? Not in Alberta
Case considered: Petrowski v. Petrowski Estate, 2009 ABQB 196 PDF version: Do testators have moral as well as legal obligations to their dependants? Not in Alberta Alberta’s Dependants Relief Act, RSA 2000, c. D-10.5 allows adult children who are unable … Continue reading
Posted in Wills and Estates
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No one wins when relatives fight over an estate, lawyers behave with incivility, and judges are asked but refuse to recuse themselves
Cases Considered: Nazarewycz v. Dool, 2009 ABCA 70. PDF Version: No one wins when relatives fight over an estate, lawyers behave with incivility, and judges are asked but refuse to recuse themselves There is little in this case that shows … Continue reading
The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges
By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges Case Commented On: Ermineskin Indian Band and Nation v Canada, 2009 SCC 9 After the Supreme Court of … Continue reading
Posted in Aboriginal, Constitutional, Oil & Gas, Supreme Court of Canada
4 Comments
A Welcome Primer on Interpreting Covenants in Leases
Cases Considered: Orbus Pharma Inc. v. Kung Man Lee Properties Inc., 2008 ABQB 754. PDF Version: A Welcome Primer on Interpreting Covenants in Leases This case is about the proper interpretation of a term in a commercial lease concerning the … Continue reading