Category Archives: Property

Andriet v. County of Strathcona No. 20: Court of Appeal Conjures a Creative Accretion Approach

Posted on March 26, 2008 by Arlene Kwasniak

Cases Considered: Andriet v. County of Strathcona No. 20, 2008 ABCA 27 PDF Version: Andriet v. County of Strathcona No. 20: Court of Appeal Conjures a Creative Accretion Approach In this important reserved judgment, the Alberta Court of Appeal applied … Continue reading →

Posted in Property, Water Law | Tagged , , | 2 Comments

The Doctrine of Part Performance: Still Strict After All These Years

Posted on March 4, 2008 by Jonnette Watson Hamilton

Cases Considered: Varma v. Donaldson, 2008 ABQB 106 PDF Version: The Doctrine of Part Performance: Still Strict After All These Years This was an application under section 141 of the Land Titles Act, R.S.A. 2000, c. L-4 for the discharge … Continue reading →

Posted in Property | Tagged , , , | 1 Comment

Two cases concerning the Statute of Frauds (1677, U.K.)

Posted on February 26, 2008 by Jonnette Watson Hamilton

Cases Considered: Leoppky v. Meston, 2008 ABQB 45, Wasylyshyn v. Wasylyshyn, 2008 ABQB 39 PDF Version: Two cases concerning the Statute of Frauds (1677, U.K.) A statute enacted over 350 years ago by a Parliament sitting in London, England was … Continue reading →

Posted in Property | 1 Comment

City Amends Land Use Bylaw in Bad Faith

Posted on February 25, 2008 by Nickie Nikolaou

Cases Considered: Airport Self Storage and R.V. Centre Ltd. v. Leduc (City), 2008 ABQB 12 PDF Version: City Amends Land Use Bylaw in Bad Faith Although municipal councils in Alberta are generally entitled to amend land use bylaws by following … Continue reading →

Posted in Administrative Law, Municipal Law, Property | Tagged , , , | Comments Off on City Amends Land Use Bylaw in Bad Faith

Severing a Joint Tenancy Without Adequate Notice to the Other Joint Tenant

Posted on February 12, 2008 by Nickie Nikolaou

Cases Considered: Felske (Estate of) v. Donszelmann, 2007 ABQB 682 PDF Version: Severing a Joint Tenancy Without Adequate Notice to the Other Joint Tenant This is one of those estates cases where the facts cry out for a particular result. … Continue reading →

Posted in Property | Tagged , , | Comments Off on Severing a Joint Tenancy Without Adequate Notice to the Other Joint Tenant