Category Archives: Property

Dower Consent Teasers

Posted on May 3, 2012 by Nigel Bankes

Case considered: Karafiat v Webb, 2012 ABCA 115 and Webb (Re), 2011 ABQB 89. PDF: Dower Consent Teasers This case shows that the Dower Act, RSA 2000, c D-15 can still throw up intellectual teasers 55 years after this version … Continue reading →

Posted in Family, Property | 2 Comments

More Grist for the Mill, Another Case of Gross Negligence under CAPL 1990

Posted on May 2, 2012 by Nigel Bankes

PDF version: More grist for the mill, another case of gross negligence under CAPL 1990 Case commented on: Trident Exploration Corp. (Re), 2012 ABQB 242 An operator under a pooling agreement who agrees to take charge of responding to a … Continue reading →

Posted in Oil & Gas, Property | Comments Off on More Grist for the Mill, Another Case of Gross Negligence under CAPL 1990

Who Bears the Loss for Converted Security Deposits?

Posted on April 3, 2012 by Jonnette Watson Hamilton

PDF version: Who Bears the Loss for Converted Security Deposits?  Case considered: Equitable Trust Company v Lougheed Block Inc., 2012 ABCA 87 This judgment is one of several arising as a result of foreclosure proceedings taken with respect to the … Continue reading →

Posted in Contracts, Property | 2 Comments

The Proper Person to Renew an Assigned Lease

Posted on March 15, 2012 by Jonnette Watson Hamilton

PDF version: The Proper Person to Renew an Assigned Lease Case considered: C & H Properties Inc. v Amos (Discount Thrift Store), 2012 ABQB 106 Carelessness with respect to assignments and subleases can easily jeopardize commercial tenants’ rights to renew … Continue reading →

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The severance of a water right from a purchase and sale of land

Posted on February 7, 2012 by Nigel Bankes

PDF version: The severance of a water right from a purchase and sale of land  Case commented on: Royal Bank of Canada v Hirsche Herefords, 2012 ABQB 32  This decision concludes that a provincial water licence can be contingently severed … Continue reading →

Posted in Property, Water Law | 1 Comment