Category Archives: Property

Recovering Increased Rent From a Residential Tenant After Serving a Termination Notice

By: Nickie Vlavianos

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Case Commented On: Merkl v Wallburger, 2008 ABPC 264

In 2007, amendments were made to Alberta’s residential tenancy legislation to give tenants some protection from the challenges of rent increases and the difficulties of finding affordable rental accommodations in a province experiencing an economic boom. Many critics said the amendments did not go far enough. This recent decision of Provincial Court Judge Derek G. Redman highlights the piecemeal nature of these amendments, and the fact that, despite the amendments, Alberta’s Residential Tenancies Act, S.A. 2004, c. 17.1 (RTA) remains a landlord-friendly statute.

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Valuing the Value of Land, Not the Land: Affirming the Unavailability of Specific Performance of Agreements for the Purchase and Sale of Land

Cases Considered: 365733 Alberta Ltd. v. Tiberio, 2008 ABCA 341

PDF Version:  Valuing the Value of Land, Not the Land: Affirming the Unavailability of Specific Performance of Agreements for the Purchase and Sale of Land

The Alberta Court of Appeal issued a brief memorandum of judgment unanimously affirming the June 2008 judgment of Madam Justice Adele Kent in 365733 Alberta Ltd. v. Tiberio, 2008 ABQB 328. I previously commented on this case in my post on Justice Kent’s decision, “Challenging Purchasers’ Ability to Obtain Specific Performance of Agreements for the Purchase and Sale of Land.”

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What’s Wrong with Landlords’ Rights?

Cases Considered: 550 Capital Corp. v. David S. Cheetham Architect Ltd., 2008 ABQB 370

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Is it wrong for a landlord to insist on compliance with a term of a commercial lease? The recent judgment of Mr. Justice Sandy Park in 550 Capital Corp. v. David S. Cheetham Architect Ltd. certainly seems to indicate that it is inequitable for a landlord to require a tenant to do what it should have done, namely, to request the landlord’s consent to an assignment of the lease. The unidentified type of estoppel found to prevent the landlord from terminating the lease and the unnecessary relief from forfeiture granted so that the tenant could undo its assignment both appear, with all due respect, to be unjustified both on the facts and the law.

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A Textbook First Year Property Law Case on the Fraud Exception to Indefeasibility

Cases Considered: 1198952 Alberta Ltd. v. 1356472 Alberta Ltd., 2008 ABQB 386

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ALM Holdings Ltd. owned the Jasper Block, which is part of the Edmonton Historic Resource Management Program . It is a three storey Edwardian-era brick building on the north side of Jasper Avenue in central downtown Edmonton. 651730 Alberta Ltd. rented a part of the Jasper Block for a restaurant, the Fantasia Noodle House Restaurant. 1198952 Alberta Ltd. rented another part of the Jasper Block for a store, called Raleigh Foods. ALM sold the Jasper Block to 135647 Alberta Ltd. The question in this case was whether or not the purchaser, 135647 Alberta Ltd., was bound by ALM’s leases to the Noodle House and Raleigh Foods. The tenants sought a declaration from the court that the purchaser’s title to the Jasper Block was subject to their leases. The purchaser sought an order forcing the Noodle House and Raleigh Foods to vacate their premises in the Jasper Block.

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Rights of First Refusal and Options to Purchase: What’s the Difference?

Cases Considered: Koppe v. Garneau Lofts Inc., 2008 ABQB 354

PDF Version: Rights of First Refusal and Options to Purchase: What’s the Difference?

Garneau Lofts Inc. had redeveloped commercial property in an historical structure which had been St. Joseph’s Hospital on Whyte Avenue, in the City of Edmonton. The redeveloped property, with shops on the main floor, became known as the Garneau Lofts, combining unique, luxurious suites with a popular Whyte Avenue location. Dr. Sandy Koppe, an optometrist, had leased a portion of the Garneau Lofts for an upscale boutique eye wear store. He had leased it on behalf of his employer, Eye Care Optometric Group Ltd., a company in which his daughters were the only directors and shareholders.

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