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Category Archives: Property
Estoppel arguments fail once again in an oil and gas lease case
PDF version: Estoppel arguments fail once again in an oil and gas lease case Case considered: Desoto Resources Limited v. Encana Corporation, 2010 ABQB 448 In this case Justice William Tilleman dismissed an appeal from Master Jodi Mason’s decision in … Continue reading
Posted in Civil Procedure, Natural Resources, Oil & Gas, Property
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Fraud and Concealment of Contaminated Land: Do Your Due Diligence, Purchaser
PDF version: Fraud and Concealment of Contaminated Land: Do Your Due Diligence, Purchaser Cases considered: Motkoski Holdings Ltd. v. Yellowhead (County), 2008 ABQB 454 (Q.B.), Motkoski Holdings Ltd. v. Yellowhead (County), 2010 ABCA 72 (C.A.) As both environmental standards and … Continue reading
Posted in Environmental, Property
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No Dower Act Consent? Is the Transaction Void or Voidable?
PDF version: No Dower Act Consent? Is the Transaction Void or Voidable? Case considered: Charanek v. Khosla, 2010 ABQB 202 The question of whether failure to comply with the Dower Act’s requirements results in the transaction being void or voidable … Continue reading
Posted in Property
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There is Rarely Compensation for the Wrongful Filing of Caveats
PDF version: There is Rarely Compensation for the Wrongful Filing of Caveats Case considered: Singh v. 862500 Alberta Ltd., 2010 ABCA 117 This case may be of interest to some because judgments considering claims for compensation for wrongly filed or … Continue reading
Posted in Property
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Locating Road Boundaries under the Doctrine of Dedication
Case considered: Nelson v. 1153696 Alberta Ltd., 2010 ABQB 164 PDF version: Locating Road Boundaries under the Doctrine of Dedication What is the proper basis for fixing the physical boundaries of a road dedicated to public use under the common … Continue reading
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