Case considered: Felske Estate v. Donszelmann, 2009 ABCA 209
PDF version: Court of Appeal Agrees that Severing a Joint Tenancy Requires More than Intention
In a previous post, I concluded that the Court of Queen’s Bench correctly dismissed an application brought by a neighbor of Mrs. Felske for a declaration that he was entitled to half of her farm upon her death. The Court of Appeal has agreed and has dismissed the neighbor’s appeal.
Case considered: Olson v. Angermeier, 2009 ABQB 356
PDF version: Is a Bison Squeeze Real or Personal Property? A Question of Law or a Question of Interpretation?
One of the first things a law student in first year property law class learns is the distinction between real property and personal property, the most basic of divisions in this area of law. The distinction is usually taught with reference to a case or two about the law of fixtures. The law of fixtures is the area of law that encompasses the legal rules that apply to transform personal property to real property and vice versa. There are hundreds of cases concerned with classifying something as real or personal property. The controversies usually arise in connection with the sale of real property. For example, is the dishwasher real or personal property? Does it go with the house on the sale of the real property or can the seller move it out with his or her other personal property? This type of question was the issue in Olson v. Angermeier. Was a bison squeeze a chattel (personal property) or a fixture (real property)? Answering that question would determine whether or not the bison squeeze was part of the sale of the NE¼-9-62-5-W5th.
PDF version: Lame duck constitutional arguments: a new twist on Syncrude’s Tailings Pond Debacle
The dead duck saga continues. In a previous post on ABlawg (R. v. Syncrude Canada: The Case of The 500 Dead Ducks), Shaun Fluker left off with the words “stay tuned”. Stay tuned, indeed. As it turns out, Syncrude Canada is contemplating making this relatively mundane regulatory (albeit environmentally significant) offence a little more interesting.
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 Frans Slatter and Patricia Rowbotham for the majority, Justice Ronald Berger dissenting) has overruled the decision at trial by Justice Bruce McDonald to impose a constructive trust on the assets of an operator beyond the express trust provided for by clause 507 of the CAPL Agreement.
Case considered: Desoto Resources Limited v Encana Corporation, 2009 ABQB 337
PDF version: Successful application for summary dismissal in an oil and gas lease validity case
In this case Jodie L. Mason, Master in Chambers, granted summary dismissal of an action brought by Desoto as proceedings to justify the continuation of its caveat. I have blogged on this fact pattern on a previous occasion as a comment on the Board’s decision to suspend Desoto’s licence.
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