Jonnette Watson Hamilton

Keywords: arbitration, international commercial arbitration, enforcement of foreign awards, moot case, costs

PDF Version: Moot Case Continues to Wind Its Way Through Alberta Courts

This October 2007 decision by Mr. Justice Robert A. Graesser is one very small part of a long and complex tale that is all too well known in international commercial arbitration circles. The parties’ dispute has been litigated extensively in several countries over the past nine years. With Mr. Justice Graesser’s decision, it will continue to be litigated in this province even though the parties and their dispute have no connection to Alberta and a decision in Alberta would have no effect on the rights of the parties, would not create a useful precedent, and would not put an end to the adversarial relationship between the parties.

Private Justice Delayed

By Jonnette Watson Hamilton

On November 6, 2007

In Arbitration, Family, Property

Cases Considered: Flock v. Flock, 2007 ABCA 287, Flock v. Flock, 2007 ABQB 307

Keywords: arbitration, matrimonial property division, leave to appeal

PDF Version: Private Justice Delayed

In September 2007, Mr. Justice Peter Martin denied leave to appeal of a May 2007 decision by Madam Justice K.M. Horner setting aside an arbitrator’s award dividing matrimonial property. The couple embroiled in this dispute had married in 1982, separated in 1994 and divorced in 1999. The couple had a considerable amount of real property and thorny issues related to property owned prior to the marriage and the value of those properties that should be exempted from the matrimonial property regime. A 6-day arbitration hearing was held before one arbitrator, Alan Beattie, Q.,C., in Calgary in 2003 and he rendered an award 33 months later, in July 2006. Article IX of the arbitration agreement between the couple and Mr. Beattie required the arbitrator to communicate his award to the parties within 60 days of the end of the hearing. The past year of litigation has been devoted to the husband’s application to set aside the July 2006 award.

A Tenant’s Right to Withhold Payment of Rent

By Jonnette Watson Hamilton

On November 6, 2007

In Property

Cases Considered: Botar v. Mainstreet Equity Corp., 2007 ABQB 608

PDF Version: A Tenant’s Right to Withhold Payment of Rent

This appeal illustrates how difficult it can be to evict a residential tenant who has not paid rent for the better part of a year. It also illustrates how well a self-represented litigant can do in the superior courts, the Alberta Court of Queen’s Bench in this case.

Sub-Tenant Woes When a Head Lease Disappears

By Jonnette Watson Hamilton

On November 4, 2007

In Property

Cases Considered: 581834 Alberta Ltd. v. Alberta (Gaming and Liquor Commission), 2007 ABCA 332, 581834 Alberta Ltd. v. Alberta (Gaming and Liquor Commission), 2006 ABQB 47

PDF Version: Sub-Tenant Woes When a Head Lease Disappears

This case illustrates the dangers for lawyers and their clients in changing the wording used in lawyers’ old precedents. Instead of using the standard formula of “by, from, or under” in a landlord’s covenant of quiet enjoyment, the innovative phrasing of “by, through, or under” was inserted. This allowed the lawyers for the tenant to make the first part of their argument in this appeal. It is cases such as this one that stymie the plain language movement in law.