Category: Property Page 27 of 33

Case considered: 1279017 Alberta Ltd. v. 1257613 Alberta Ltd., 2009 ABCA 364

PDF version: Is every vendor of land an “unpaid vendor”?

In 1279017 Alberta Ltd. v. 1257613 Alberta Ltd., the Alberta Court of Appeal split 2:1 on the question of whether 1257613 Alberta Ltd. had an interest in land that would support the caveat and certificate of lis pendens that it had filed against an 80 acre parcel of land registered in the name of 1279017 Alberta Ltd. The vendor’s interest in land was said to be an unpaid vendor’s lien that arose as a result of a real estate purchase contract between 1257613 and 1279017. Had the dissenting opinion of Mr. Justice J.D. Bruce McDonald prevailed in this case, virtually every vendor of land, paid in full or not, would be an unpaid vendor and entitled to caveat another’s land. Fortunately, the majority position of Madam Justice Constance Hunt and Mr. Justice Keith Ritter won through. The unpaid vendor’s lien only continued until payment by the purchaser.

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Case considered: Stout & Company LLP. v. Chez Outdoors Ltd., 2009 ABQB 444

PDF Version: A Web from a Bundle: A Reconstitution of Stout & Company LLP. v. Chez Outdoors Ltd.

“When we try to pick out anything by itself, we find it hitched to everything else in the universe”: John Muir, My First Summer in the Sierra (1911)

John Muir’s famous quote has encapsulated North American conservation thought for nearly 100 years. As environmental science, industry and protected areas movements advanced through the previous century, it became increasingly apparent that one could not separate the constituents of the environment in an attempt to understand or protect them. A holistic view was necessary to counter the destructive effects of increasing human populations and industrialization in Muir’s day. Today we have even more compelling evidence of the profound interconnectedness of the natural world and human systems and the need to view them inclusively.

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Case considered: Stout & Co. LLP v. Chez Outdoor Ltd. , 2009 ABQB 444

PDF version: Property as the Right to Use

The conception of property that a person has underlies the way in which that person thinks about property. Attempts to define the concept of property can be seen as a way to explain legal decision-making in property law. At the same time, the way in which we think about property can impact on such decisions. In this post, I will examine the decision of the Alberta Court of Queen’s Bench in Stout & Co. LLP v. Chez Outdoor Ltd. (“Stout“). I will consider whether the court is applying a definition of property that is similar to the view of Larissa Katz in her article, “Exclusion and Exclusivity in Property Law” (2008) 58 University of Toronto Law Journal 275. Katz views ownership as a coherent concept that focuses on the right to use and manage the property. I will begin with a brief overview of Katz’s theory, and then set out some important facts and issues in the Stout case. I will then discuss what I consider to be the main reasons for the decision in the case in the context of Katz’s article. I will save discussion of the implications of some things being property only in the context of specific legislation for the end.

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Cases Considered: Frisgo Development Inc. v. Brower, 2009 ABQB 463

PDF Version: Caveator Beware: Damages for Wrongfully Filing a Caveat Can Be Substantial

There are very few cases dealing with damages for wrongfully filing a caveat under Alberta’s land titles system. While the facts of this case are peculiar, the award of $140,000 sends a clear message. All caveators should ensure that their caveat protects a valid interest in land when it is filed and at all times thereafter. This is particularly so when parties are engaged in negotiations which may have the effect of altering the nature of the initial property interest.

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