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 | Comments Off on Estoppel arguments fail once again in an oil and gas lease case

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 | Comments Off on Fraud and Concealment of Contaminated Land: Do Your Due Diligence, Purchaser

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 | 6 Comments

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 | Comments Off on There is Rarely Compensation for the Wrongful Filing of Caveats

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

Posted in Property | Comments Off on Locating Road Boundaries under the Doctrine of Dedication