Category Archives: Property

Reconciling the Application of the Interjurisdictional Immunity Doctrine to Aboriginal Title and Lands Reserved

By: Jennifer Koshan PDF Version: Reconciling the Application of the Interjurisdictional Immunity Doctrine to Aboriginal Title and Lands Reserved Case Commented On: McCaleb v Rose, 2017 BCCA 318 (CanLII) It is a challenge to teach the interjurisdictional immunity (IJI) doctrine these … Continue reading

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GRTAs, Patch Agreements, Indefeasible Title and Collapse Orders

By: Nigel Bankes PDF Version: GRTAs, Patch Agreements, Indefeasible Title and Collapse Orders Case Commented On: Chesterworld Holdings Ltd v Computershare Trust Company of Canada, 2017 ABQB 43 (CanLII) This decision involves the interpretation of a will from 1949 as well … Continue reading

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An Operator of Gas Processing Facilities Does Not Have a Possessory Lien Under the Possessory Liens Act

By: Nigel Bankes PDF Version: An Operator of Gas Processing Facilities Does Not Have a Possessory Lien Under the Possessory Liens Act Case Commented On: Cansearch Resources Ltd v Regent Resources Ltd, 2017 ABQB 535 (CanLII) Cansearch and Regent jointly owned … Continue reading

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The Effect of Well Abandonment and Reclamation Obligations for the Valuation of Matrimonial Property

By: Nigel Bankes PDF Version: The Effect of Well Abandonment and Reclamation Obligations for the Valuation of Matrimonial Property Case Commented On: Walker v Walker, 2017 SKQB 195 (CanLII) Judicial decisions on the legal nature of abandonment and reclamation obligations may … Continue reading

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Liens Against Minerals Do Not Have Super Priority: Saskatchewan Court of Appeal Overrules Cenex

By: Nigel Bankes PDF Version: Liens Against Minerals Do Not Have Super Priority: Saskatchewan Court of Appeal Overrules Cenex Case Commented On: National Bank of Canada v KNC Holdings Ltd., 2017 SKCA 57 (CanLII) A unanimous five person panel of the … Continue reading

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