Author Archives: Jonnette Watson Hamilton

About Jonnette Watson Hamilton

B.A. (Alta.), LL.B. (Dal.), LL.M. (Col.). Professor Emerita. Please click here for more information.

Who Bears the Loss for Converted Security Deposits?

PDF version: Who Bears the Loss for Converted Security Deposits?  Case considered: Equitable Trust Company v Lougheed Block Inc., 2012 ABCA 87 This judgment is one of several arising as a result of foreclosure proceedings taken with respect to the … Continue reading

Posted in Contracts, Property | 2 Comments

The Proper Person to Renew an Assigned Lease

PDF version: The Proper Person to Renew an Assigned Lease Case considered: C & H Properties Inc. v Amos (Discount Thrift Store), 2012 ABQB 106 Carelessness with respect to assignments and subleases can easily jeopardize commercial tenants’ rights to renew … Continue reading

Posted in Property | Comments Off on The Proper Person to Renew an Assigned Lease

Refining Vexatious Litigant and Vexatious Spokesperson Jurisprudence

Case considered: Allen v Gray, 2012 ABQB 66 PDF version: Refining Vexatious Litigant and Vexatious Spokesperson Jurisprudence Alberta’s new vexatious litigant provisions have been in force for almost five years now and a useful body of precedent has been developed. Novel points … Continue reading

Posted in Civil Procedure: New Rules of Court, Vexatious Litigants | 2 Comments

Waiver of Dispute Resolution under the New Rules

PDF version: Waiver of Dispute Resolution under the New Rules Case considered: IBM Canada Limited v Kossovan, 2011 ABQB 621. In IBM Canada Limited v Kossovan, Mr. Justice Bryan E. Mahoney provided the first judicial interpretation of an important new … Continue reading

Posted in Civil Procedure: New Rules of Court | 1 Comment

Is this the end of an “endless repetition of failed litigation” – at least in Alberta?

PDF version: Is this the end of an “endless repetition of failed litigation” – at least in Alberta?  Case considered: Karaha Bodas Company, L.L.C. v Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, 2011 ABCA 291 The Court of Appeal waxes … Continue reading

Posted in Arbitration, Vexatious Litigants | Comments Off on Is this the end of an “endless repetition of failed litigation” – at least in Alberta?