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 is Responsible for Damage to Rental Premises Caused by Mouse Infestations – and Why?

By: Jonnette Watson Hamilton

Case Considered: Hometime Property Services Ltd v Girumnesh, 2022 ABPC 172 (CanLII)

PDF Version: Who is Responsible for Damage to Rental Premises Caused by Mouse Infestations – and Why?

The plaintiff, a corporate landlord, sued the defendant, their former residential tenant, for almost $8,000 in damages plus costs, claiming the rental premises were infested with mice when the tenant vacated. The damages were for exterminating the mice and restoring the premises to their pre-infestation condition. The tenant, who was served personally with the landlord’s civil claim, did not file a dispute note and was noted in default. Because they were noted in default and the claim was heard in Provincial Court, the tenant was deemed to have admitted the facts that were alleged in the landlord’s civil claim. Nevertheless, the landlord lost; their claim was dismissed in its entirety. Why that happened is worth taking note of. Continue reading →

The Importance of Move-In Inspection Reports to the Return of Security Deposits in Residential Tenancies

By: Jonnette Watson Hamilton

Case Commented On: Safri v Maclean, 2022 ABPC 113 (CanLII)

PDF Version: The Importance of Move-In Inspection Reports to the Return of Security Deposits in Residential Tenancies

The judgment of Judge Jasmine Sihra of the Northern Region Provincial Court is a good reminder to both landlords and tenants that a move-in inspection report is required by section 19(1) of the Residential Tenancies Act, SA 2004, c R-17.1 (RTA). Not only is it mandatory, but a landlord cannot deduct from a tenant’s security deposit without a move-in inspection report (section 46(5) RTA). That does not mean a landlord cannot sue a tenant for damage to the rental premises that goes beyond normal wear and tear. They can. But Judge Sihra’s decision in Safri v Maclean illustrates that it is much harder for a landlord to win if they do not have a move-in inspection report. Continue reading →

The Alberta Sovereignty Act and the Rule of Law

By: Martin Olszynski, Jonnette Watson Hamilton, and Shaun Fluker

Matter Commented On: The Alberta Sovereignty Act and the Free Alberta Strategy

PDF Version: The Alberta Sovereignty Act and the Rule of Law

Last week, United Conservative Party (UCP) leadership hopeful Danielle Smith announced that, upon her election as Premier, she would introduce the Alberta Sovereignty Act, legislation described as the “cornerstone” of the Free Alberta Strategy (Strategy), published back in the fall of 2021 (see story here). Briefly, this law would purport to grant the Alberta Legislature the power “to refuse enforcement of any specific Act of Parliament or federal court ruling that Alberta’s elected body deemed to be a federal intrusion into an area of provincial jurisdiction” (Strategy at 22). Legal academics have dismissed the idea as one that would clearly offend Canada’s constitutional order, but to date mainstream media commentary has failed to acknowledge the fundamentally unlawful and undemocratic nature of this proposal. Continue reading →

Residential Tenancies, Mental Disabilities, and Evictions

By: Jonnette Watson Hamilton

Case Commented On: AG obo ZG v FirstService Residential Alberta Ltd, 2022 AHRC 38 (CanLII)

PDF Version: Residential Tenancies, Mental Disabilities, and Evictions

This case concerns a challenge to an eviction from a rented condominium – a challenge claiming the eviction discriminated against a tenant’s child on the ground of mental disability. There is something wrong with this decision to confirm the Director’s dismissal of the tenant’s complaint. The conclusion that there was no reasonable basis in the evidence to proceed to a hearing does not follow from the facts that are recounted. This may simply be because all the relevant facts are not set out in the decision. But based on the facts that are summarized, the most plausible –perhaps the only possible – inference is that the tenancy was terminated because the tenant’s son had a mental disability that the landlord, building manager, and other residents of the condominium building thought meant the son would endanger them or their property in the future, and no accommodation was possible. Continue reading →

Women’s Charter Equality before the Supreme Court of Canada: Where Do We Stand as of International Women’s Day 2022?

By: Jonnette Watson Hamilton & Jennifer Koshan

PDF Version: Women’s Charter Equality before the Supreme Court of Canada: Where Do We Stand as of International Women’s Day 2022?

Matter Commented On: International Women’s Day 2022

March 8 is International Women’s Day (IWD), a day on which we assess the progress towards achieving women’s rights. The theme this year is “Break the Bias.” We are encouraged to “Imagine a gender equal world. A world free of bias, stereotypes, and discrimination. A world that is diverse, equitable, and inclusive. A world where difference is valued and celebrated.” When considering women’s rights under Canadian law, we tend to use the lenses of discrimination and equality as the umbrella words rather than bias. Bias is certainly one form of discrimination, but discrimination also includes the harms of stereotyping, prejudice, and disadvantage. The right to equality and to be free from discrimination based on protected grounds is guaranteed under s 15 of the Canadian Charter of Rights and Freedoms, Canada’s constitutional equality guarantee. Continue reading →