2022 Alberta Newsletter

Summarized Cases:

McCarthy Estate (Re), 2021 ABCA 403: Estate Law; Wills and Succession ~ Counsel Comments provided by Tim Boyle, Counsel for the Appellants

Rice v. Shell Global Solutions Canada Inc., 2021 ABCA 408: Employment Law; Fixed Term Contract; Contractual Interpretation ~ Counsel Comments provided by Joel Fairbrother, Counsel for the Respondent

Alberta Securities Commission v. Hennig, 2021 ABCA 411: Bankruptcy and Insolvency; Fraud; Securities ~ Counsel Comments provided by Joseph Groia, Counsel for the Appellant

Alberta Union of Public Employees v. Her Majesty the Queen (Alberta), 2021 ABCA 416: Constitutional Law; Public Interest Standing; Hypotheticals; Evidence

Crossroads-DMD Mortgage Investment Corporation v. MNP Ltd., 2021 ABCA 417: Mortgages; Land Titles; Real Property; Bankruptcy; Receivership ~ Counsel Comments provided by Francis Taman and Ksena Court, Counsel for the Appellant

Summarized Cases:

The Alberta Teachers’ Association v. Buffalo Trail Public Schools Regional Division No. 28, 2022 ABCA 13: Arbitration; Jurisdiction; Mootness

AF v. DS, 2022 ABCA 20: Family Law; Interim Parenting; Practice Note 7 Report; Procedural Fairness ~ Counsel Comments provided by Lisa Handfield, Counsel for the Appellant

Mahal & Sons Inc v. Edmonton (City of ), 2022 ABCA 22: Planning Law; De novo Hearings; Jurisdiction ~ Counsel Comments provided by Janice Agrios, Q.C., Counsel for the Appellant

Driving Force Inc v. I Spy-Eagle Eyes Safety Inc., 2022 ABCA 25: Contract Law; Conversion; Costs; Concurrent Liability; Corporate Veil

Moms Stop the Harm Society v. Alberta, 2022 ABCA 35: Interlocutory Injunction; Balance of Convenience; Charter; Addictions ~ Counsel Comments provided by Avnish Nanda, Counsel for the Appellant

Summarized Cases:

MBF v. MNH, 2022 ABCA 42: Family Law; Parenting; Relocation ~ Counsel Comments provided by Laura Bruyer, Counsel for the Respondent

Zarooben v. The Workers’ Compensation Board, 2022 ABCA 50: Workers’ Compensation; Reasonableness ~ Counsel Comments provided by Yasmeen Nizam, Counsel for the Respondent David Zarooben

Top v. Foothills (Municipal District No. 31), 2022 ABCA 62: Freedom of Expression; Reasonable Limits; Rational Connection; Minimal Impairment ~ Counsel Comments provided by Sean Fairhurst, Emily Shilletto, and Changhai Zhu, Counsel for the Respondent

JWS v. CJS, 2022 ABCA 63: Family Law; Parenting; Costs; Solicitor-Client Costs ~ Counsel Comments provided by Diann Castle and Tanya Kelm, Counsel for the Appellant

Remington Development Corporation v. Enmax Power Corporation, 2022 ABCA 71: Contracts; Utilities; Surface Rights Act; Right of Entry; Amending Pleadings

Summarized Cases:

Mitchell v. Reykdal, 2022 ABCA 105: Family Law; Adult Interdependent Partners; Standing

Baker v. Weyerhaeuser Company Limited, 2022 ABCA 83: Employment Law; Wrongful Dismissal; Just Cause

DY v. KY,2022 ABCA 90: Guardianship;International Child Abduction Act; Objection Exception ~ Counsel Comments provided by Max Blitt, Q.C., Counsel for the Respondent

Manitok Energy Inc (Re), 2022 ABCA 117: Bankruptcy and Insolvency; Super Priorities; End of Life Obligations; Oil and Gas

YZVM v. DTT, 2022 ABCA 87: Family Law; Relocation; Interim Order; Best Interests of the Child ~ Counsel Comments provided by Robert Peters, Counsel for the Appellant
~Counsel Comments provided by Veronica Donald, Counsel for the Respondent

Summarized Cases:

Builders Capital (2014) Ltd. v. Aviva Insurance Company of Canada, 2022 ABCA 120: Contract Interpretation; Indemnification ~ Counsel Comments provided by Shaun MacIssaac, Q.C., Counsel for the Appellants

Toronto Dominion Bank v. Wilde, 2022 ABCA 128: Civil Fraud

PetroFrontier Corp v. Macquarie Capital Markets Canada Ltd., 2022 ABCA 136: Lawyer-Client Privilege; Waiver of Privilege; Pleadings

WHG Investments Ltd. v. Unterschultz, 2022 ABCA 156: Certificate oflis pendens; Matrimonial Property; Net Sale Proceeds

Morrison v. Moe-Villa Investments Ltd.,2022 ABCA 159: Matrimonial Property; Caveats;Lis pendens; Pre-Trial Security ~ Counsel Comments provided by Carolyn Seitz, Q.C., Counsel for the Appellant and Pamela Moe

Summarized Cases:

O’Chiese First Nation v. DLA Piper (Canada) LLP, 2022 ABCA 197: Civil Procedure, Review of Lawyer Accounts, Limitation Periods,Ministerial Order27/2020

Reference re Impact Assessment Act, 2022 ABCA 165: Constitutional, Environmental, Natural Resources, Division of Powers,ImpactAssessment Act,Physical Activities Regulations,Constitution Act, 1867,Constitution Act, 1982

Mansour v. Rampersad, 2022 ABCA 173: Civil Litigation, Negligence, Consent

Esfahani v. Samimi, 2022 ABCA 178: Family, Arbitration, Civil Procedure ~ Counsel Comments provided byAndy Hayher, Q.C., and Mandeep Dhillon,Counsel for the Appellant

Condominium Corporation No. 0522151 (Somerset Condominium)v. JV Somerset Development Inc., 2022 ABCA 193: Construction Law, Tort Law, Summary Judgment

Summarized Cases:

ENMAX Energy Corporation v. TransAlta Generation Partnership, 2022 ABCA 206: Administrative Law, Domestic Arbitrations, Setting Aside Arbitral Awards, Procedural Fairness

Gerling v. Camrose Regional Exhibition & Agricultural Society, 2022 ABCA 210: Labour, Employment, Termination for Cause, Wrongful Dismissal, Aggravated Damages

Bryant v. Parkland School Division, 2022 ABCA 220: Labour,  Employment, Notice, Contractual Interpretation, Contra proferentem

Bethel United Church v. North Pacific Properties, 2022 ABCA 224: Real Estate, Purchase Agreement, Specific Performance

Flock Estate v. Flock, 2022 ABCA 229: Estates, Joint Tenancy, Limitation Period

Summarized Cases:

Mostafa Altalibi Professional Corporation v. Lorne S. Kamelchuk Professional Corporation, 2022 ABCA 239: Civil Procedure, Alberta Rules of Court, Jurisdiction, Standard of Review, Costs

The Canada Trust Co (McDiarmaid Estate) v. Alberta (Infrastructure), 2022 ABCA 247: Civil Procedure, Disclosure, Settlement Agreements

Alberta Health Services v. Pawlowski, 2022 ABCA 254: Ex parte Injunctions, Civil Contempt, Public Health Act, Constitutional Law, Canadian Charter of Rights and Freedoms ~ Counsel Comments provided by Sarah Miller, for the Appellants, Artur Pawlowski and Dawid Pawlowski
~ Counsel Comments provided by Chad Williamson and Scott Nicol, Counsel for the Appellant, C. Scott

Manitok Energy Inc (Re), 2022 ABCA 260: Bankruptcy, Vesting Orders, Oil and Gas ~ Counsel Comments provided by Andrew Stead and Preet Saini, Counsel for the Appellant

VW v. AT, 2022 ABCA 261: Family Law, Grandparent Contact, “Best Interests of the Child”, Family Law Act ~ Counsel Comments provided by Andy Hayher Q.C. & Emily Verbiski, Counsel for the Appellants

Summarized Cases:

Vujicic v. Estate of Leona Donna MacEachern, 2022 ABCA 263: Insurance, Subrogation, Occupational Health and Safety, Workers’ Compensation Act

Agrium v. Orbis Engineering Field Services, 2022 ABCA 266: Contract Law, Arbitration Act, Mandatory Arbitration Clause, Statutory Interpretation, Court of Queen’s Bench Act, Constitutional Law ~ Counsel Comments provided by Richard Drewry, K.C., Allyson F. Jeffs and Laura Feehan, Counsel for the Respondent Orbis Engineering Field Services Ltd.

Henenghaixin Corp v. Deng, 2022 ABCA 271: Evidence, Hearsay, Civil Procedure, Injunctions

MacKenzie v. Alberta (Registrar, North Alberta Land Registration District), 2022 ABCA 277: Real Property, Accretion, Riparian Rights,Land Titles Act ~ Counsel Comments provided by Janice Agrios, K.C., Counsel for the Appellants

Hudye Inc v. Rosowsky, 2022 ABCA 279: Contract Law, Fiduciary Duty ~ Counsel Comments provided by Paul J. Stein, K.C., Counsel for the Respondents/Appellants on Cross Appeal

Summarized Cases:

687725 BC Ltd v. Rakov, 2022 ABCA 311: Civil Litigation; Reciprocal Enforcement of Judgments ~ Counsel Comments provided by Richard Harrison, Counsel for the Appellant

Aubin v. Quantiam Technologies Inc., 2022 ABCA 288: Corporate Law, Matrimonial Law, Business Corporations Act, Corporate Veil, Matrimonial Property Act, Family Property Act, Solicitor Client Costs

Chambers v. Nyhus,2022 ABCA 287: Family Law, Parenting, Best Interests of the Child, PN5, Abuse Allegations, Viva voce Evidence ~ Counsel Comments provided by Michelle Karasinski, Counsel for the Appellant
~ Counsel Comments provided by Timothy Snyder, Counsel for the Respondent

Cavendish Farms Corporation v. Lethbridge (City), 2022 ABCA 312: Administrative Law, Tax, Judicial Review, Standard of Review ~ Counsel Comments provided by Robert Martz, Counsel for the Appellant

Heiser v. Bowden Institution,2022 ABCA 300: Criminal Law, Habeas corpus, Jurisdiction, Corrections and Conditional Release Act ~ Counsel Comments provided by Amy Matychuk, Counsel for the Appellant

Summarized Cases:

Patel v. Cunningham High Performance Execution Team Corp., 2022 ABCA 323: Real Property, Land Titles Act, Limited Partners, Discharging Certificates of Lis Pendens ~ Counsel Comments provided by Felipe Paredes-Canevari and Taylor Johnson, Counsel for the Appellants

MTM Commercial Trust v. Statesman Riverside Quays Ltd., 2022 ABCA 328:  Corporate Law, Amendments to Pleadings, Defamation; Res judicata, Issue Estoppel, Reviewable Error

Destine v. Cloutier, 2022 ABCA 331: Family Law, Retroactive Child Support ~ Counsel Comments provided by Crystal Thompson, Counsel for the Appellant

Unterschultz v. Clark, 2022 ABCA 335: Civil Practice and Procedure, Family Law, Variation of Spousal Support, The Divorce Act

Peters v. Atchooay, 2022 ABCA 347: Family Law, Child Support, Imputing Income, Federal Child Support Guidelines, Retroactive Variation, Material Change in Circumstances ~ Counsel Comments provided by Tina Huizinga, KC, Counsel for the Appellant
~ Counsel Comments provided by Scott Horne, Counsel for the Respondent

Summarized Cases:

Lewis v. Alberta Health Services, 2022 ABCA 359: Constitutional Law, Human Rights, Public Law, COVID-19 Vaccinations

Flesch v. Apache Corporation, 2022 ABCA 374: Class Proceeding, Class Proceedings Act, Employment Law

Auer v. Auer, 2022 ABCA 375: Family, Retroactive Child Support, Vires analysis

SSG v. SKG, 2022 ABCA 379: Evidence, Family Law, Child Support, Binding Arbitration

TransAlta Generation Partnership v. Alberta (Minister of Municipal Affairs), 2022 ABCA 381: Judicial Review, Constitutional Law, Administrative Law, Municipal Government Act,2017 Linear Guidelines, Presumption of Validity, Interpretation Act