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Category Archives: Contracts
Party Principally Interested in Thermal Recovery Succeeds on Appeal
By: Nigel Bankes PDF Version: Party Principally Interested in Thermal Recovery Succeeds on Appeal Case Commented On: IFP Technologies (Canada) Inc v EnCana Midstream and Marketing, 2017 ABCA 157 (CanLII) The Court of Appeal by a majority (Chief Justice Fraser, Justice … Continue reading
Posted in Contracts, Oil & Gas, Property
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For Golfers: A Classic Bailment Case with an Exclusion Clause Issue
By: Jonnette Watson Hamilton PDF Version: For Golfers: A Classic Bailment Case with an Exclusion Clause Issue Case Commented On: Bloomer v Connaught Golf Club, 2017 ABPC 105 (CanLII) Bailment is an interesting legal concept because it is ubiquitous and because … Continue reading
Posted in Contracts, Property, Provincial Court
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When are Late Payment of Rent Charges in Residential Tenancies Unenforceable?
By: Jonnette Watson Hamilton PDF Version: When are Late Payment of Rent Charges in Residential Tenancies Unenforceable? Case Commented On: 416566 Alberta Ltd. v Fothergill, 2017 ABPC 96 (CanLII) This Provincial Court decision by Judge Jerry LeGrandeur, Associate Chief Judge, is … Continue reading
Residential Tenancy Agreements, Options to Purchase, In Terrorem Clauses, and Relief from Forfeiture
By: Jonnette Watson Hamilton PDF Version: Residential Tenancy Agreements, Options to Purchase, In Terrorem Clauses, and Relief from Forfeiture Case Commented On: Dreamworks Ventures Ltd v Dye, 2017 ABPC 20 (CanLII) This residential tenancy case, arising in the context of a … Continue reading
Posted in Contracts, Property, Provincial Court
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The Freedom to Contract Your Terms of Business (aka Spread Costs, Consequential Damages, Knock for Knock and Contract Interpretation Principles)
By: Nigel Bankes and Heather Lilles PDF Version: The Freedom to Contract Your Terms of Business (aka Spread Costs, Consequential Damages, Knock for Knock and Contract Interpretation Principles) Case Commented On: Transocean Drilling UK Ltd v Providence Resources Plc [2016] EWCA … Continue reading