Category Archives: Property

Court of Appeal Agrees that Severing a Joint Tenancy Requires More than Intention

Case considered: Felske Estate v. Donszelmann, 2009 ABCA 209 PDF version: Court of Appeal Agrees that Severing a Joint Tenancy Requires More than Intention In a previous post, I concluded that the Court of Queen’s Bench correctly dismissed an application … Continue reading

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Is a Bison Squeeze Real or Personal Property? A Question of Law or a Question of Interpretation?

Case considered: Olson v. Angermeier, 2009 ABQB 356 PDF version: Is a Bison Squeeze Real or Personal Property? A Question of Law or a Question of Interpretation? One of the first things a law student in first year property law … Continue reading

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The perils of selling the same property twice (with an aside on styles of appellate decision-making)

Case considered: Castledowns Law Office Management Ltd. v. FastTrack Technologies Inc., 2009 ABCA 148 PDF version: The perils of selling the same property twice (with an aside on styles of appellate decision-making) This was a dispute between two purchasers of … Continue reading

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Co-Ownership is a Messy Business (Even with an Operating Agreement)

Cases Considered: San Juan Resources Inc (Re) 2009 ABQB 55 (Registrar in Bankruptcy). PDF Version: Co-ownership is a messy business (even with an operating agreement) Co-ownership is a legal relationship for parties who are able to get along together. For those … Continue reading

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A Welcome Primer on Interpreting Covenants in Leases

Cases Considered: Orbus Pharma Inc. v. Kung Man Lee Properties Inc., 2008 ABQB 754. PDF Version:  A Welcome Primer on Interpreting Covenants in Leases This case is about the proper interpretation of a term in a commercial lease concerning the … Continue reading

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