Category Archives: Property

An exemplar of reasoning from precedent in a real property law context

Posted on December 16, 2008 by Jonnette Watson Hamilton

Cases considered: Kolias v. Owners: Condomimium Plan 309 CDC, 2008 ABCA 379. PFD Version:  An exemplar of reasoning from precedent in a real property law context This reserved judgment written by Mr. Justice Jean Côté of the Alberta Court of … Continue reading →

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Partition or sale of co-owned property?

Posted on December 1, 2008 by Jonnette Watson Hamilton

Cases considered:  Polanski v. Roth, 2008 ABCA 378 PDF Version: Partition or sale of co-owned property? This brief Memorandum of Judgment delivered from the bench by the Alberta Court of Appeal is notable for a number of reasons. First, the … Continue reading →

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Is there really any question about the test for part performance in Alberta

Posted on November 21, 2008 by Jonnette Watson Hamilton

Cases considered: G 400 Holdings Ltd. v. Yeoman Development Company Limited, 2008 ABQB 667 PDF Version: Is there really any question about the test for part performance in Alberta I apparently spoke too soon. In March 2008, I noted that … Continue reading →

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Can a Court of Queen’s Bench judgment that contains no law be considered law itself?

Posted on November 15, 2008 by Jonnette Watson Hamilton

Cases Considered: B.H. v. E.J., 2008 ABQB 650 PDF Version: Can a Court of Queen’s Bench judgment that contains no law be considered law itself? Title to a residential property in Edmonton was registered in the names of the plaintiff, … Continue reading →

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The Fraud Exception to Indefeasibility of Title: Applying Section 203 of the Land Titles Act

Posted on November 3, 2008 by Jonnette Watson Hamilton

Cases Considered: Hall v. Tieken Estate, 2008 ABQB 646 PDF Version: The Fraud Exception to Indefeasibility of Title: Applying Section 203 of the Land Titles Act The land registration system used in Alberta is established by the Land Titles Act, … Continue reading →

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