Category Archives: Property

The Impact of a Dower Act Life Estate on the Valuation and Distribution of Intestate Estates

By: Jonnette Watson Hamilton PDF Version: The Impact of a Dower Act Life Estate on the Valuation and Distribution of Intestate Estates Case Commented On: Estate of Johnson, Rick Allen (Re), 2017 ABQB 399 (CanLII) The deceased, Rick Allen Johnson, died … Continue reading

Posted in Property, Wills and Estates | Leave a comment

Interim Measures in a Classic Church Property Dispute

By: Jonnette Watson Hamilton PDF Version: Interim Measures in a Classic Church Property Dispute Case Commented On: Bruderheim Community Church v Moravian Church in America (Canadian District), 2017 ABQB 355 (CanLII) In this brief judgment, Justice Brian Burrows granted an interim … Continue reading

Posted in Constitutional, Property | 1 Comment

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 | 1 Comment

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 | Leave a comment

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

Posted in Contracts, Landlord/Tenant, Property, Provincial Court, Statutory Interpretation | 2 Comments