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Category Archives: Civil Procedure
Estoppel arguments fail once again in an oil and gas lease case
PDF version: Estoppel arguments fail once again in an oil and gas lease case Case considered: Desoto Resources Limited v. Encana Corporation, 2010 ABQB 448 In this case Justice William Tilleman dismissed an appeal from Master Jodi Mason’s decision in … Continue reading
Posted in Civil Procedure, Natural Resources, Oil & Gas, 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 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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The role of a limitations defence in a judicial review application involving the Crown’s duty to consult
Case considered: Athabasca Chipewyan First Nation v Alberta (Minister of Energy), 2009 ABQB 576 PDF version: The role of a limitations defence in a judicial review application involving the Crown’s duty to consult Oil sands developments in Alberta are taking … Continue reading
Posted in Aboriginal, Civil Procedure
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A Custodian of a lawyer’s practice is like a . . . [what?]
Case considered: Polis v. Edwards, 2009 ABQB 520 PDF version: A Custodian of a lawyer’s practice is like a . . . [what?] There are very few written decisions on the powers, rights and duties of custodians appointed by the … Continue reading