Category Archives: Property

Ascertaining a Dominant Tenement With a Right to a View

Posted on December 12, 2007 by Jonnette Watson Hamilton

Cases Considered: Kolias v. Owners Condominium Plan 309 CDC, 2007 ABQB 714 PDF Version: Ascertaining a Dominant Tenement With a Right to a View The small community known as Eagle Ridge occupies the eastern shore of the Glenmore Reservoir in … Continue reading →

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Standing to Seek Judicial Review or Simply a Matter of Legislative Drafting?

Posted on November 11, 2007 by Shaun Fluker

Cases Considered: Real Estate Council of Alberta v. Henderson, 2007 ABCA 303 Keywords: administrative law, real estate, regulation of professions PDF Version: Standing to Seek Judicial Review or Simply a Matter of Legislative Drafting? The Real Estate Council of Alberta … Continue reading →

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Private Justice Delayed

Posted on November 6, 2007 by Jonnette Watson Hamilton

Cases Considered: Flock v. Flock, 2007 ABCA 287, Flock v. Flock, 2007 ABQB 307 Keywords: arbitration, matrimonial property division, leave to appeal PDF Version: Private Justice Delayed In September 2007, Mr. Justice Peter Martin denied leave to appeal of a … Continue reading →

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A Tenant’s Right to Withhold Payment of Rent

Posted on November 6, 2007 by Jonnette Watson Hamilton

Cases Considered: Botar v. Mainstreet Equity Corp., 2007 ABQB 608 PDF Version: A Tenant’s Right to Withhold Payment of Rent This appeal illustrates how difficult it can be to evict a residential tenant who has not paid rent for the … Continue reading →

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Sub-Tenant Woes When a Head Lease Disappears

Posted on November 4, 2007 by Jonnette Watson Hamilton

Cases Considered: 581834 Alberta Ltd. v. Alberta (Gaming and Liquor Commission), 2007 ABCA 332, 581834 Alberta Ltd. v. Alberta (Gaming and Liquor Commission), 2006 ABQB 47 PDF Version: Sub-Tenant Woes When a Head Lease Disappears This case illustrates the dangers … Continue reading →

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