2019 Alberta Newsletter

Summarized Cases:

H(P) v. Alberta (Child, Youth and Family Enhancement), 2018 ABCA 408: Child Protection; Apprehension; Adjournments; Mootness
Spaetgens v. Alberta (Securities Commission), 2018 ABCA 410: Securities; Investors; Administrative Penalties; Procedural Fairness
Larcencova v. Makarenko, 2018 ABCA 417: Family Law; Spousal Support Arrears; Chambers ~ Counsel Comments provided by Ms. Abimbola Delalu, Counsel for the Appellant ; and by Janet Russell Q.C., Counsel for the Respondent
RPC Limited Partnership v. SNC-Lavalin ATP Inc., 2018 ABCA 423: Contracts; Amendment of Pleadings; Bad Faith; Duty of Honest Contractual Performance ~ Counsel Comments provided by William Kenny, Q.C. and Adrienne Funk, Counsel for the Appellants
Killips v. Killips, 2018 ABCA 430: Family Law; Matrimonial Home; Spousal Support; Contributions ~ Counsel Comments provided by Elsa Rice, Q.C., Counsel for the Appellant

Summarized Cases:

Abt Estate v. Cold Lake Industrial Park GP Ltd., 2019 ABCA 16: Torts; Business Investments; Negligent Misrepresentation; Fiduciary Duty ~ With Counsel Comments provided by Debra Woodske, Counsel for the Appellants, and by Rick Hemmingson, Counsel for the Respondents/Cross Appellants
Van Raay Paskal Farms Ltd. v. Lethbridge (County), 2019 ABCA 19: Municipal Law; Taxation; Ultra vires; Business Law
Lay v. Lay, 2019 ABCA 21: Torts; Limitation Periods; Released Claim; Apprehension of Bias
Capital Steel Inc. v. Chandos Construction Ltd., 2019 ABCA 32: Bankruptcy Law; Construction Contract; Anti-Deprivation Rule
Hood v. South Calgary Community Church, 2019 ABCA 34: Wills and Estates; Unsigned Will; Validation; Rectification

Summarized Cases:

Koziey Estate (Re), 2019 ABCA 43: Property Law; Encroachment; Adverse Title; Limitation Period
Jaycap Financial Ltd v. Snowdon Block Inc., 2019 ABCA 47: Bankruptcy and Insolvency; Creditor’s Remedies; Rectification; Mutual Mistake ~ Counsel Comments by Kent Jesse, Counsel for the Appellants
Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd., 2019 ABCA 49: Contract Law; Limitation Period; Summary Judgment ~ Counsel Comments by Timothy Byron, Counsel for the Appellant
Delver v. Gladue, 2019 ABCA 54: Personal Injury; Insurance Law; Motor Vehicle Accident; Procedure; Delay
Mawhinney v. Scobie, 2019 ABCA 76: Wills and Estates; No-Contest Clause; Beneficiaries

Summarized Cases:

Stoney Tribal Council v. Encana Corporation, 2019 ABCA 90: Limitation Periods; Amended Pleadings; Summary Dismissal; Aboriginal Law; Minerals
ALB v. CVL, 2019 ABCA 94: Family Law; Parenting; Biological Parent; Acrimonious Separation ~ Counsel Comments provided by Catherine Christensen, Counsel for the Appellant
McElhone v. Indus School, 2019 ABCA 97: Personal Injury; Vocational Assessment; Court-Imposed Limitations ~ Counsel Comments provided by David Pick, Counsel for the Appellants
Hall v. Stewart, 2019 ABCA 98: Torts; Personal Liability; Personal Injury; Negligent Construction
Edmonton (City) v. Alvarez & Marsal Canada Inc., 2019 ABCA 109: Bankruptcy and Insolvency; Receivership; Priority; Secured Creditors

Summarized Cases:

ServiceMaster of Canada Limited v. Meyer, 2019 ABCA 130: Wrongful Termination; Non-competition; Interlocutory Injunctions; Standard of Review
Brace v. McKen, 2019 ABCA 135: Procedure; Long Delay; Address for Service; Registered and Recorded Mail
Stuve v. Stuve, 2019 ABCA 142: Family Law; Matrimonial Property; Personal Assets
Svederus v. Engi, 2019 ABCA 155: Family Law; Chambers Applications; Orders; Counsel Misconduct ~ Counsel Comments by Robert de Vries, Counsel for the Respondent
PT v. Alberta, 2019 ABCA 158: Constitutional Law; Charter of Rights and Freedoms; Interim Injunctions; LGBTQ+ ~ Counsel Comments by Jay Cameron, Counsel for the Appellants

Summarized Cases:

United Food and Commercial Workers Canada Union, Local 401 v. Sobey’s-Safeway Operations (Provincial), 2019 ABCA 175: Labour Law; Dismissal for Cause; Grievance; Arbitration; Judicial Review
Stankovic v. 1536679 Alberta Ltd., 2019 ABCA 187: Summary Judgment; Foreclosure; Mortgage Default; Enforcement Proceedings
Flock Estate v. Flock, 2019 ABCA 194: Family Law; Matrimonial Property; Beneficial Interest; Admissibility of Evidence; Delay
Zoocheck Canada Inc v. Alberta (Minister of Agriculture and Forestry), 2019 ABCA 208: Public Interest Standing; Judicial Discretion; Standard of Review; Enhanced Costs
McAllister v. Calgary (City), 2019 ABCA 214: Torts; Personal Injury; Municipal Liability; Timely Response to Incident ~ Counsel Comments by Colleen Sinclair and My-Le Lai, Counsel for the Appellants, and by Trevor McDonald and Robert Martz, Counsel for the Respondent

Summarized Cases:

Erik v. McDonald, 2019 ABCA 217: Property Law; Water Rights; Reservoir; Naturally Occurring Body of Water ~ Counsel
Comments by Preet Saini, Counsel for the Respondents
Jacobs v. McElhanney Land Surveys Ltd., 2019 ABCA 220: Procedure; Rules of Court; Security for Costs; “Drop-dead” Rule; Wrongful Dismissal
Acciona Infrastructure Canada Inc v. Posco Daewoo Corporation, 2019 ABCA 241: Arbitration; Collateral Disputes; Service of Legal Process; Order ex juris; Deficient Service
1985 Sawridge Trust v. Alberta (Public Trustee), 2019 ABCA 243: Costs; Costs Against Counsel Personally; Interlocutory Application; Legal Advice
Plesa v. Richardson, 2019 ABCA 264: Chambers Applications; Summary Dismissal; Limitation Period; Formal Demand

Summarized Cases:

RVW v. CLW, 2019 ABCA 273: Family Law; Return of Child; Hague Convention; Grave Risk of Harm
Stikeman Elliott LLP v. 2083878 Alberta Ltd., 2019 ABCA 274: Property Law; Contracts; Rectification; Oral Agreement; Evidence; Standard of Proof
Transamerica Life Canada v. Oakwood Associates Advisory Group Ltd., 2019 ABCA 276: Procedure; Delay; Application to Dismiss; Significant Prejudice ~ Counsel Comments by Arpal Dosanj, Counsel for the Respondent
St Paul-Butler v. Leduc (Subdivision & Development Appeal Board), 2019 ABCA 281: Municipal Law; Subdivision and Development; Restrictive Covenant; Stop Order
Calder v. Alberta, 2019 ABCA 289: Negligent Misrepresentation; Public Sector Pension Plans Act; Damages

Summarized Cases:

Condo Corporation No. 0410106 v. Medicine Hat (City), 2019 ABCA 294: Property Law; Public; Municipal
FJN v. JK, 2019 ABCA 305: Civil Practice and Procedure; Family
Johnson v. Fishing Lake Métis Settlement, 2019 ABCA 310: Civil Practice and Procedure; Property; Public
Canada v. Canada North Group Inc., 2019 ABCA 314: Civil Practice and Procedure; Corporate and Commercial; Income Tax (Federal); Insolvency; Tax
R v. Chang, 2019 ABCA 315: Constitutional; Criminal; Human Rights ~ Counsel Comments provided by Shelley Tkatch, Counsel for the Respondent

Summarized Cases:

Alberta Union of Provincial Employees v. Alberta, 2019 ABCA 320: Civil Practice and Procedure; Municipal
Frank v. Alberta Health Services, 2019 ABCA 332: Public; Torts
Chinese Benevolent Association of Edmonton v. Chinatown Multilevel Care Foundation, 2019 ABCA 339: Civil Practice and Procedure; Corporate and Commercial
Elder Advocates of Alberta Society v. Alberta, 2019 ABCA 342: Constitutional; Public; Human Rights
North Bank Potato Farms Ltd v. The Canadian Food Inspection Agency, 2019 ABCA 344: Civil Practice and Procedure; Public

Summarized Cases:

Athabasca Chipewyan First Nation v. Alberta, 2019 ABCA 401: Aboriginal Law; Constitutional Law; Rights to Protection and Consultation
Elkow v. Sana, 2019 ABCA 371: Family Law; Child Protection Law; Evidence; Disclosure of Identity of Complainant
Edmonton (City of) Library Board v. Edmonton (City of), 2019 ABCA 409: Municipal Law; Administrative Law; Planning Appeal Boards and Tribunals
Calgary (City) v. Canadian Union of Public Employees Local 37, 2019 ABCA 388: Labour Law; Discipline and Termination; Sexual Conduct
United Food and Commercial Workers Canada Union, Local No. 401 v. Sofina Foods Inc., 2019 ABCA 418: Labour Law; Administrative Law; Grievance; Delay

Summarized Cases:

Jonasson v. Nexen Energy ULC, 2019 ABCA 428: Labour Law, Punitive Damages, Leave-of-Absence Agreements ~ Counsel Comments provided by Kevin Stenner and Joseph Oppenheim, Counsel for the Respondent
1479995 Alberta Ltd v. Alberta (Municipal Government Board), 2019 ABCA 449: Municipal Law; Procedural Fairness; Permission to Appeal
College of Physicians & Surgeons of Alberta v. Collett, 2019 ABCA 461: Health Law; Cognitive Impairment; Regulated Member
JH v. Alberta (Minister of Justice and Solicitor General), 2019 ABCA 420: Intervenor Status, Constitutional Law, Human Rights Law
Bozek v. Alberta, 2019 ABCA 459: Labour Law, Employment Law, Long-Term Disability Benefits