Category Archives: Property

Court of Appeal approves decision concluding that water rights did not pass with a transfer of land

Posted on November 7, 2012 by Nigel Bankes

PDF version: Court of Appeal approves decision concluding that water rights did not pass with a transfer of land Cases Considered: Canada Finance Corporation Limited v Hirsche Herefords, 2012 ABCA 315 The Court of Appeal has dismissed the appeal from … Continue reading →

Posted in Property, Water Law | Comments Off on Court of Appeal approves decision concluding that water rights did not pass with a transfer of land

Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title

Posted on September 21, 2012 by Nigel Bankes

PDF version: Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title Case Considered: Encana Corporation v Devon Canada Corporation, 2012 ABCA 271, aff’g 2011 ABQB 431.  The Court of … Continue reading →

Posted in Energy, Natural Resources, Property | 1 Comment

The Pleasures and Perils of Holograph Wills

Posted on August 28, 2012 by Jonnette Watson Hamilton

PDF version: The Pleasures and Perils of Holograph Wills Case Considered: Lubberts Estate, 2012 ABQB 506  This Court of Queen’s Bench decision interprets a provision in a holograph will.  The case is an example of the not-uncommon human tendency to try … Continue reading →

Posted in Family, Property, Wills and Estates | 3 Comments

Gardening on Vacant Land –Through Calgary’s Lens

Posted on July 9, 2012 by David Laidlaw

PDF version: Gardening on Vacant Land –Through Calgary’s Lens Comment: Gardening on Vacant Land in Calgary – Part II The ABlawg post Part I of Gardening on Vacant Land in Calgary, Verdant History, Volatile Endeavor, described the rich history of … Continue reading →

Posted in Environmental, Municipal Law, Property | 1 Comment

Disgorgement Damages Awarded against Canada for Breach of a Modern Land Claim Agreement

Posted on July 5, 2012 by Nigel Bankes

PDF version: Disgorgement Damages Awarded against Canada for Breach of a Modern Land Claim Agreement Case commented on: NTI v Canada (Attorney General), 2012 NUCJ 11 In this important case Justice Earl Johnson in the Nunavut Court of Justice has … Continue reading →

Posted in Aboriginal, Property | 4 Comments