Category Archives: Remedies

Court of Appeal Rejects the Constructive Trust Analysis in Brookfield

Posted on June 25, 2009 by Nigel Bankes

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 →

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“Litigation by installments”: Further Developments in the Black Bear Crossing Dispute

Posted on January 26, 2009 by Jennifer Koshan

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 →

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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

Posted on October 17, 2008 by Jonnette Watson Hamilton

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 →

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When is a Non-Operator Entitled to a Constructive Trust over the Operator’s Own Assets?

Posted on October 11, 2008 by Nigel Bankes

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 →

Posted in Oil & Gas, Remedies | 2 Comments

Family Violence Cases in Alberta: A Snapshot

Posted on September 22, 2008 by Jennifer Koshan

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 →

Posted in Criminal, Remedies, State Responses to Violence | 3 Comments