Category Archives: Remedies
Court of Appeal Rejects the Constructive Trust Analysis in Brookfield
Case considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2009 ABCA 99, reversing 2008 ABQB 444 PDF version: Court of Appeal rejects the constructive trust analysis in Brookfield The Court of Appeal by a 2:1 majority (Justices … Continue reading
“Litigation by installments”: Further Developments in the Black Bear Crossing Dispute
Cases Considered: Tsuu T’ina Nation v. Frasier, 2009 ABCA 23. PDF Version: “Litigation by installments”: Further Developments in the Black Bear Crossing Dispute As noted in a previous post, a February 2008 decision of the Alberta Court of Appeal effectively … Continue reading
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 … Continue reading
When is a Non-Operator Entitled to a Constructive Trust over the Operator’s Own Assets?
Cases Considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2008 ABQB 444 PDF Version: When is a non-operator entitled to a constructive trust over the operator’s own assets? In this case Justice Bruce McDonald ruled that … Continue reading
Family Violence Cases in Alberta: A Snapshot
Cases Considered: M.E.B. v. C.W.M., 2008 ABQB 484; N.L.B. v. K.G.C., 2008 ABQB 485; R. v. M.S., 2008 ABQB 488; K.F. v. A.F., 2008 ABQB 496. PDF Version: Family Violence Cases in Alberta: A Snapshot In a one week period … Continue reading
