Author: Jonnette Watson Hamilton Page 22 of 42

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 of the controversy in Deagle v 1678452 Alberta Ltd., which involved the interpretation of a 1911 restrictive covenant registered against the title to homes in the Glenora community in Edmonton. In deciding the matter, Justice Donald Lee reviewed a large number of cases concerning restrictive covenants that, in one way or another, limited construction to one dwelling house per lot. While each of those many cases ultimately depended on the exact wording in each restrictive covenant, the distinction that Justice Lee made between a “duplex” and a “semi-detached” house goes beyond the particularities of each case in the absence of evidence as to what the parties to any one restrictive covenant intended by their use of those terms at the time the covenant was entered into. 

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PDF Version: Disclosure of Foreign Assets in Matrimonial Property Actions

Case commented on: Chikonyora v Chikonyora, 2013 ABCA 320

Had the decision of the Court of Queen’s Bench been allowed to stand in this case, the division of matrimonial property could have become much more difficult for many divorcing spouses in Alberta. They might have had to sue in every jurisdiction in which they held property, whether that was in a province other than Alberta or a country other than Canada. The lower court decision had held that spouses did not have to disclose information about their assets held outside Alberta because the Alberta superior courts had no jurisdiction over those assets. Fortunately an appeal was taken to the Alberta Court of Appeal, which applied the relevant provisions of the Matrimonial Property Act, RSA 2000 c M-8 (MPA), and required disclosure of assets held outside Alberta. In addition to the “potential crisis averted” aspect of this case, it is also an example of how frustrating access to justice can be for self-represented litigants.

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PDF Version: Is a Lease with an Option to Renew a Subdivision?

Case commented on: Strathcona County v. Half Moon Lake Resort Ltd., 2013 ABQB 405

The main question in this case was whether an option to renew a lease that was added by Half Moon Lake Resort to a campsite rental agreement whose form had been consented to by Strathcona County and approved by the court in a consent order was forbidden by that order. This was the issue in three separate applications before Justice Brian R. Burrows. Half Moon Lake Resort applied for a declaration that the renewal option was not prohibited by the consent order, Strathcona County applied for a declaration that campsite leases in a form different than that approved by the consent order were invalid, and the Registrar of Land Titles sought directions about the obligations imposed on that office by the consent order. But the essence of this dispute, which began in 1999, was that Half Moon Lake Resort wanted to “sell” 216 individual campsites on an unsubdivided parcel of land — or come as close as the law allowed to selling each campsite without subdividing the land, thereby maximizing the value of each campsite and the security of tenure for each campsite “owner.”