Category Archives: Property

Challenging Purchasers’ Ability to Obtain Specific Performance of Agreements for the Purchase and Sale of Land

Posted on June 24, 2008 by Jonnette Watson Hamilton

Cases Considered: 365733 Alberta Ltd. v. Tiberio, 2008 ABQB 328 PDF Version: Challenging Purchasers’ Ability to Obtain Specific Performance of Agreements for the Purchase and Sale of Land 365733 Alberta Ltd. v. Tiberio illustrates how commonplace challenges to purchasers’ ability … Continue reading →

Posted in Property, Remedies | 1 Comment

Do Common-Law Spouses have Dower Rights?

Posted on May 24, 2008 by Jonnette Watson Hamilton

Cases Considered: Nielson v. Paumier Estate, 2008 ABCA 159 PDF Version:  Do Common-Law Spouses have Dower Rights? Strictly speaking, Mr. Justice Jack Watson’s decision in Nielsen v. Paumier Estate is simply a decision denying an application to restore an appeal … Continue reading →

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Minimum Housing Standards for Residential Tenancies Upheld

Posted on May 16, 2008 by Nickie Nikolaou

By: Nickie Vlavianos PDF Version: Minimum Housing Standards for Residential Tenancies Upheld Cases Commented On: BPCL Holdings Inc. v Alberta, 2008 ABCA 153 Alberta’s Residential Tenancies Act (“RTA”), S.A. 2004, c. R-17.1, is generally speaking a landlord-friendly statute. It is … Continue reading →

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The Guarantees Acknowledgement Act and Equity

Posted on May 16, 2008 by Jonnette Watson Hamilton

Cases Considered: Bharwani v. Chengkalath, 2008 ABCA 148 PDF Version: The Guarantees Acknowledgement Act and Equity Sometimes it becomes apparent when reading a decision that the court would have preferred to reach a different result. Usually this is because the … Continue reading →

Posted in Property | 3 Comments

Supreme Court denies leave to appeal in Real Estate Council of Alberta v. Henderson

Posted on April 4, 2008 by Shaun Fluker

Cases Considered: Real Estate Council of Alberta v. Henderson, 2007 ABCA 303 On March 27, 2008 the Supreme Court of Canada denied Henderson leave to appeal. This result is not surprising given that the Alberta Court of Appeal characterized the … Continue reading →

Posted in Administrative Law, Property | Comments Off on Supreme Court denies leave to appeal in Real Estate Council of Alberta v. Henderson