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Author: Jonnette Watson Hamilton Page 41 of 43

B.A. (Alta.), LL.B. (Dal.), LL.M. (Col.).
Professor Emerita.
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The Doctrine of Part Performance: Still Strict After All These Years

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On March 4, 2008

In Property

Cases Considered: Varma v. Donaldson, 2008 ABQB 106

PDF Version: The Doctrine of Part Performance: Still Strict After All These Years

This was an application under section 141 of the Land Titles Act, R.S.A. 2000, c. L-4 for the discharge of a caveat registered against a rental property in Calgary. The owners of the property in this case were Mr. and Mrs. Varma. The caveator was their daughter, Ms. Donaldson. She claimed she had an interest in the rental property under an agreement for its purchase and sale made between herself and her parents. Master K.R. Laycock disagreed and ordered that her caveat be discharged.

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Two cases concerning the Statute of Frauds (1677, U.K.)

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On February 26, 2008

In Property

Cases Considered: Leoppky v. Meston, 2008 ABQB 45, Wasylyshyn v. Wasylyshyn, 2008 ABQB 39

PDF Version: Two cases concerning the Statute of Frauds (1677, U.K.)

A statute enacted over 350 years ago by a Parliament sitting in London, England was the basis of two decisions of the Alberta Court of Queen’s Bench handed down the week of January 21, 2008. The decision of Madam Justice D.C. Read in Leoppky v. Meston, 2008 ABQB 45, was released January 17. The decision of Mr. Justice E.A. Marshall in Wasylyshyn v. Wasylyshyn, 2008 ABQB 39, was released January 18.

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The Standard of Review on Appeals of Masters’ Decisions to the Court of Queen’s Bench

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On February 26, 2008

In Civil Procedure

Cases Considered: Canada (Attorney General) v. Chak, 2008 ABQB 103

PDF Version: The Standard of Review on Appeals of Masters’ Decisions to the Court of Queen’s Bench

Canada (Attorney General) v. Chak appears to be the first written decision by our former colleague, Keith Yamauchi, who was appointed to the Court of Queen’s Bench of Alberta on December 14, 2007. That fact alone might make it worthy of a comment here. However, within his decision concerning a rather mundane student loan collection matter, the Honourable Mr. Justice K.D. Yamauchi also raises one interesting point.

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Security for Costs on Appeals by Impecunious and Vexatious Litigants

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On February 20, 2008

In Civil Procedure, Vexatious Litigants

Cases Considered: Opal v. White, 2008 ABCA 25

PDF Version: Security for Costs on Appeals by Impecunious and Vexatious Litigants

The very short judgment of Mr. Justice Frans Slatter in Opal v. White is an unlikely candidate for a comment. It is barely more than a page – a scant seven paragraphs – and it cites neither rules nor precedents in deciding three applications for security for costs. Nevertheless, the judgment’s treatment of the issue of security for costs on an appeal of an order declaring the appellant to be a vexatious litigant is noteworthy.

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Leave to Appeal Arbitration Awards and the Addition of the Public Interest

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On January 12, 2008

In Arbitration

Cases Considered: Lion’s Gate Homes Ltd. v. Shand, 2008 ABQB 15

PDF Version: Leave to Appeal Arbitration Awards and the Addition of the Public Interest

This brief decision by Mr. Justice D.K. Miller provides an opportunity to look at how the courts in Alberta have interpreted subsection 44(2) of the Arbitration Act, R.S.A. 2000, c. A-43. This is the provision that usually governs the ability of the parties to appeal an arbitrator’s award. Although subsection 44(2) does not, on the face of it, require that there be any public interest in the parties’ dispute or the award resolving that dispute or an appeal from the award, judges of the Court of Queen’s Bench of Alberta have fairly consistently read in that extra element.

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