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Author Archives: Jonnette Watson Hamilton
Locating Road Boundaries under the Doctrine of Dedication
Case considered: Nelson v. 1153696 Alberta Ltd., 2010 ABQB 164 PDF version: Locating Road Boundaries under the Doctrine of Dedication What is the proper basis for fixing the physical boundaries of a road dedicated to public use under the common … Continue reading
Posted in Property
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A custodian of a lawyer’s practice is not a “mere warehouseman”
Case considered: Polis v. Edwards, 2010 ABCA 59 PDF version: A custodian of a lawyer’s practice is not a “mere warehouseman” There are few written decisions on the rights, liberties, powers and immunities of custodians appointed by the court to … Continue reading
Posted in Civil Procedure, Ethics and the Legal Profession
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The Availability of Relief from Forfeiture for Non-Payment of a Life Insurance Premium
Case considered: Community Credit Union Ltd. v. Transamerica Life Canada, 2009 ABQB 704 PDF version: The Availability of Relief from Forfeiture for Non-Payment of a Life Insurance Premium This is a well-researched and clearly written decision by Justice Keith Yamauchi on an … Continue reading
Posted in Insurance Law, Property
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The Summary Judgment Exception to the Stay of Proceedings in Favour of Arbitration
Case considered: Balancing Pool v. TransAlta Utilities Corporation, 2009 ABQB 631 PDF version: The Summary Judgment Exception to the Stay of Proceedings in Favour of Arbitration A recent decision by Chief Justice Neil C. Wittmann resolves two outstanding issues with … Continue reading
Posted in Arbitration
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The Animal Keepers Act: Perennial Problems of Priority
Case considered: Rachar v. Litvak, 2009 ABQB 441 PDF version: The Animal Keepers Act: Perennial Problems of Priority This is the first case to consider the Animal Keepers Act, S.A. 2005, c. A-40.5, a piece of legislation which came into … Continue reading
Posted in Civil Procedure, Property
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