“Beyond This Court’s Capacity”: Habeas Corpus Hearings Restricted to Liberty Remedies Only

By: Amy Matychuk PDF Version: “Beyond This Court’s Capacity”: Habeas Corpus Hearings Restricted to Liberty Remedies Only Case Commented On: McCargar v Canada, 2017 ABQB 416 (CanLII) On May 5, 2017, Mr. McCargar, currently a federal prison inmate, filed a joint habeas corpus application in the Court of Queen’s Bench on behalf of himself and three […]

Municipal Government Board Rules on Development Impacts to the G8 Legacy Wildlife Underpass in the Bow Valley

By: Shaun Fluker PDF Version: Municipal Government Board Rules on Development Impacts to the G8 Legacy Wildlife Underpass in the Bow Valley Case Commented On: Town of Canmore v M.D. of Bighorn No. 8, 2017 ABMGB 10 Say again? The Municipal Government Board created by the Municipal Government Act, RSA 2000, c M-26 to adjudicate on […]

Legal Designation of the New Castle Wilderness Protected Areas

By: Shaun Fluker PDF Version: Legal Designation of the New Castle Wilderness Protected Areas Orders in Council commented on: Order in Council 020/2017 (amendments to South Saskatchewan Regional Plan under Alberta Land Stewardship Act) Order in Council 021/2017 (amendments to Forest Provincial Recreation Areas Order) Order in Council 022/2017 (designation of the Castle Provincial Park under […]

Pre-Dynex Royalty Agreements Continue to Spawn Interest in Land Litigation

By: Nigel Bankes PDF Version: Pre-Dynex Royalty Agreements Continue to Spawn Interest in Land Litigation Decision Commented On: Re Walter Energy Canada Holdings, Inc., 2016 BCSC 1746 (CanLII) In 2002 the Supreme Court of Canada handed down its decision in Bank of Montreal v Dynex Petroleum Ltd, 2002 SCC 7 (CanLII) in which it confirmed that […]

Oral Promises of Land and Controversial Issues in the Doctrine of Part Performance

By: Jonnette Watson Hamilton PDF Version: Oral Promises of Land and Controversial Issues in the Doctrine of Part Performance Case Commented On: Jordan v Skwarek, 2016 ABQB 380 (CanLII) As Master John T. Prowse noted, the facts of this case are not unusual: “A family member, often a son, works on a family farm on the […]