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Category: Property Page 20 of 34

Gardening on Vacant Land –Verdant History, Volatile Endeavor

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On June 18, 2012

In Environmental, Municipal Law, Property

PDF version: Gardening on Vacant Land –Verdant History, Volatile Endeavor

Comment: Gardening on vacant land in Calgary – Part I

On the Victoria Day long-weekend in 2012, Donna Clarke and some volunteers planted potatoes on a vacant lot next door to her home in Scarboro on 17th Avenue S.W.  The fence was painted in bright colours and painted tires were used as planters.  The lots were owned by Scarboro Projects Ltd., an affiliate of Vancouver mortgage firm who had foreclosed on a number of adjacent properties in 2009.  Three of the buildings had been ordered demolished by the City of Calgary in 2011 as part of a crackdown on derelict properties.

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When is a registered joint tenancy not a joint tenancy and not even co-ownership?

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On June 7, 2012

In Property

PDF version: When is a registered joint tenancy not a joint tenancy and not even co-ownership?

Cases Considered: Lutz v Lutz, 2012 ABQB 300; Lemoine v Smashnuk, 2008 ABQB 193

On a statutory application to terminate co-ownership under Part 3 of the Law of Property Act, RSA 2000, c L-7, can a court conclude that there was no co-ownership?

Lucas Lutz wanted to buy a house but did not qualify for a mortgage. Lucas’ brother, Eric, agreed to help. The deal was structured so that title to the house was transferred to Lucas Lutz and Eric Lutz as joint tenants. Two mortgages used in financing the purchase were granted by both Lucas and Eric; one was paid off but the other still secured an outstanding balance of approximately $90,000. Lucas made all of the subsequent mortgage payments. Lucas and Eric both lived in the house and paid utilities, but Eric moved out after 7 years, in 2006. Up until 2006, Eric also made payments to Lucas that Lucas characterized as rent and Eric characterized as contributions to the mortgage payments. There was no written agreement between Lucas and Eric.

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Alberta Court of Appeal Addresses Constitutionality of Personal Information Protection Act

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On June 5, 2012

In Constitutional, Labour/Employment, Property

PDF version: Alberta Court of Appeal Addresses Constitutionality of Personal Information Protection Act

Decision considered: Union Food and Commercial Workers, Local 401 v Alberta, 2012 ABCA 130

This is an appeal of a privacy case that was the subject of an earlier blog: See here. The employees of Palace Casino in West Edmonton Mall were on strike and both the United Food and Commercial Workers, Local 401 (“Union”), and the employer photographed and videotaped the picket line. People who crossed the picket line and those who walked in and out of the casino were also photographed or taped. The Union posted a sign stating: “by crossing the picket line you are providing your consent for your image to be posted at www.CasinoScabs.ca.” The employer’s Vice-President complained to the Privacy Commissioner that his photo was displayed on a poster at the picket site. Two other complainants who crossed the picket line said that they had been photographed or videotaped, although they never saw any images. The Office of the Privacy Commissioner’s (“OIPC”) Adjudicator accepted that it was a long-standing historical practice for Unions and employers to photograph and videotape at picket line sites.

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The Unusual Appointment of an Investigator under the Condominium Property Act

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On May 9, 2012

In Condominiums, Property

PDF Version: The Unusual Appointment of an Investigator under the Condominium Property Act

Case considered: Morris v Condominium Corporation No. 074 0215, 2012 ABQB 265

This April 23, 2012 decision by Master Lorne Smart appears to be the first to consider the appointment of an investigator under section 67(2) (a) of the Condominium Property Act, RSA 2000, c C-22. Section 67 allows a court to grant a variety of remedies if the court is satisfied that there has been “improper conduct” as defined in subsection 67(1) (a). Although many interested parties have used section 67 to seek injunctions, compensation and other remedies, the appointment of an investigator to review the improper conduct and report to the court is not a popular option. This decision is interesting for what it tells us about when it is appropriate to seek this particular remedy, when a court will exercise its discretion in favour of appointing an investigator, and what qualities make a particular person an appropriate investigator.

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Dower Consent Teasers

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On May 3, 2012

In Family, Property

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 of the statute was first enacted (Dower Act, 1948 (Alta), c 7). The case highlights the distinction between the consent required by section 4 of the Act (the normal case), and the consent required under section 25(2). Section 25(2) deals with the situation where the homestead property is co-owned by the spouses. The issue is whether a request by both spouses to the holder of a charge to postpone that charge is a consent to a disposition (i.e. the charge) for the purposes of section 4 or section 25(2). The majority responds in the negative.

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