2014 – Alberta


Alberta Take Five January 2014 Summarized Cases:

Doell v. Doell, 2013 ABCA 432: Family Law; Custody and Access; Jurisdiction; Rights of Non-Parents
Land v. Law Enforcement Review Board, 2013 ABCA 435: Boards and Tribunals; Regulated Occupations; Professional Responsibility; Police Officers
Jackson v. Canadian National Railway, 2013 ABCA 440: Civil Litigation; Class Actions; Civil Procedure
RM v. JS, 2013 ABCA 441: Family Law; Custody and Access; Maturity of the Child; Hague Convention ~ Comments provided by Max Blitt, Q.C., Counsel for the Child
Cold Lake First Nations v Alberta (Tourism, Parks and Recreation), 2013 ABCA 443: Aboriginal Law; Environmental Law; Consultation and Accommodation; Protected Areas


Alberta Take Five February 2014 Summarized Cases:

Watts v. Canadian Lawyers Insurance Association, 2014 ABCA 33: Civil Litigation; Civil Procedure; Failure to Satisfy Costs Judgment
Leis v. Leis, 2014 ABCA 36: Family Law; Post-Secondary Education; Child Support; Pre-Tax Corporate Income ~ Counsel Comments provided by Robert Harvie, Q.C., Counsel for the Respondent
P. Burns Resources Limited v. Locke, Stock & Barrel Company Ltd., 2014 ABCA 40: Natural Resource Law; Oil and Gas; Lease or License for Production; Oil Field Practice
AUPE v. Alberta, 2014 ABCA 43: Constitutional Law; Charter; Policy Grievances; Bargaining Unit; Jurisdiction
Lemoine v. Griffith, 2014 ABCA 46: Family Law; Joint Family Venture; Unjust Enrichment; Matrimonial Property


Alberta Take Five March 2014 Summarized Cases:

Swift v. Tomecek Roney Little & Associates Ltd., 2014 ABCA 49: Negligent Misrepresentation; Construction Law; Limitation Clauses; Implied Agency
Calver v. Calver, 2014 ABCA 63: Family Law; Maintenance and Support; Retroactive Awards; Child of the Marriage ~ Counsel Comments provided by Trevor A. Kelly, Counsel for the Appellant
Moloney v. Alberta (Administrator, Motor Vehicle Accident Claims Act), 2014 ABCA 68: Bankruptcy and Insolvency Law; Driver Licensing; Statutory Interpretation
Smith v. St. Albert (City), 2014 ABCA 76: Constitutional Law; Municipal Law; Validity of Legislation; Illegal Drugs ~ Counsel Comments provided by Scott McAnsh, Counsel for the City of St. Albert
Hammond v. DeWolfe, 2014 ABCA 81: Insurance Law; Subrogation; Income Replacement Plan; Statutory Exceptions ~ Counsel Comments provided by Chris Zelyas and Robert James, Counsel for the Intervenor, and, by James Hutson, Counsel for the Respondent/Cross Appellant


Alberta Take Five April 2014 Summarized Cases:

Dingwall v. Dornan, 2014 ABCA 89: Enforcement of Foreign Judgments; Fraud; Natural Justice
M.R.S. v. K.J.S., 2014 ABCA 95: Family Law; Relocation of Child; Chambers Applications ~ Counsel Comments provided by Laurie Allen, counsel for the Appellant
Windsor v. Canadian Pacific Railway, Ltd., 2014 ABCA 108: Torts; Nuisance; Groundwater Contamination; Class Proceedings; Summary Judgment
Patrus v. Alberta (Workers’ Compensation Board), 2014 ABCA 117: Administrative Law; Worker’s Compensation; Reasonableness ~ Counsel Comments provided by Ron Goltz, counsel for the Appellant
M.M. v S.T., 2014 ABCA 120: Family Law; Custody Orders; Jurisdiction
Swagar v. Loblaws Inc. (The Real Canadian Superstore), 2014 ABQB 58 ~ Counsel Comments provided by Ron Goltz, counsel for the Appellant


Alberta Take Five May 2014 Summarized Cases:

Focaccia Holdings Ltd. v. Parkland Beach (Summer Village Subdivision and Development Appeal Board), 2014 ABCA 132: Municipal Law; Development Agreements and Subdivision Approval; Stop Work Orders ~ Counsel Comments provided by Erin Baker, Counsel for the Appellant 1681625 Alberta Ltd.
Romspen Investment Corporation v. Certified Financial Services & Mortgage Corp., 2014 ABCA 136: Bankruptcy; Foreclosure; Co-Lenders; Registration of Mortgages ~ Counsel Comments provided by Thomas Kent, Counsel for the Appellant
Goulding v. Keck, 2014 ABCA 138: Family Law; Retroactive Child Support; Blameworthy Conduct
O’Connor Associates Environmental Inc. v. MEC OP LLC, 2014 ABCA 140: Third Party Notices; Tort Law; Negligence; Duty of Care; Due Diligence ~ Counsel Comments provided by David Tupper, Counsel for the Appellant Niven Fischer Energy Services Inc., and, by Derek Lloyd, Q.C. and Jennifer Shepherd, Counsel for the Appellant O’Connor Associates Environmental Inc.
A.R. v. Alberta (Child, Youth and Family Enhancement Act, Director), 2014 ABCA 148: Family Law; Guardianship; Right to a Fair Hearing; Best Interests of the Child


Alberta Take Five June 2014 Summarized Cases:

Alpugan v. Baykan, 2014 ABCA 152: Family Law; Child and Spousal Support; Division of Matrimonial Property; Admissibility of Evidence
RJF v. CMF, 2014 ABCA 165: Family Law; Child Custody; Change in Primary Care ~ Counsel Comments provided by Crystal Thompson, Counsel for the Appellant
SHN Grundstuecksverwaltungsgesellschaft MBH & Co v. Hanne, 2014 ABCA 168: Conflict of Laws; Foreign Judgments; Civil Procedure; Calculation of Interest ~ Counsel Comments provided by Raymond Bastedo, Counsel for the Respondent
Canada (National Revenue) v. Meyers Norris Penny Limited, 2014 ABCA 176: Bankruptcy; Exempt Assets; Home; Taxation ~ Counsel Comments provided by Kyle Kashuba, Amicus Curiae
Pedersen v. Soyka, 2014 ABCA 179: Contracts; Certainty of Terms; Civil Litigation; Limitation of Actions


Alberta Take Five July 2014 Summarized Cases:

Wehrhahn v. Murphy, 2014 ABCA 194: Family Law; Child Support; Imputed Income
Canadian Natural Resources Limited v. Wood Buffalo (Regional Municipality), 2014 ABCA 195: Municipal Law; Administrative Law; Taxation; Oil Sands
TransAlta Corporation v. Market Surveillance Administrator, 2014 ABCA 196: Statutory Interpretation; Solicitor-Client Privilege; Reasonable Expectation of Privacy
Alberta v. AUPE, 2014 ABCA 197: Labour Law; Strikes; Freedom of Expression; Contempt                                                            Lubberts Estate (Re), 2014 ABCA 216: Estate Law; Will Interpretation; Trusts ~ Counsel Comments provided by Richard Hajduk and Roger Gibbs, Counsel for the Respondents


Alberta Take Five August 2014 Summarized Cases:

Khadr v. Edmonton Institution, 2014 ABCA 225: International Criminal Law; Sentencing of Young Persons; Habeas Corpus
Mammoet 13220-33 Street NE Limited v. Edmonton (City), 2014 ABCA 229: Municipal Law; Summary Judgment; Limitation Periods; Stare Decisis ~ Counsel Comments provided by Andrea Simmonds, Counsel for the Respondents Mammoet 13220-33 Street NE Limited and Hustle Holdings Ltd.
Imperial Oil Limited v. Alberta (Information and Privacy Commissioner), 2014 ABCA 231: Privacy Law; Administrative Law; Standing
Equitable Trust Company v. Lougheed Block Inc., 2014 ABCA 234: Mortgages; Interest Rates; Penalties and Incentives ~ Counsel Comments provided by Scott Watson, Counsel for Krayzel Corporation
Tolko Industries Limited v. Industrial, Wood and Allied Workers of Canada, (Local 1-207), 2014 ABCA 236: Labour Law; Arbitration; Judicial Review


Alberta Take Five September 2014 Summarized Cases:

Shell Canada Products v. Sunterra Beef Ltd, 2014 ABCA 243: Purchase and Sale Agreements; Contract Interpretation; Additional Consideration
Total Oilfield Rentals Limited Partnership v. Canada (Attorney General), 2014 ABCA 250: Jurisdiction; Interprovincial Transportation; Constitutional Interpretation ~ Counsel Comments provided by Alison Gray, Counsel for the Respondent
Hunter v. College of Physicians & Surgeons of Alberta, 2014 ABCA 262: Administrative Law; Medicine Law; Physician-Patient Relationship; Unprofessional Conduct
Mustafi v. All-Pitch Roofing Ltd, 2014 ABCA 265: Torts; Motor Vehicle Accident; Vicarious Liability
Walton v. Alberta (Securities Commission), 2014 ABCA 273: Securities; Insider Trading; Takeovers; Evidence ~ Counsel Comments provided by Robert S. Abells, Q.C., Counsel for the Appellant John Jacob Shepert


Alberta Take Five October 2014 Summarized Cases:

Calgary Jewish Academy v. Condominium Plan 9110544, 2014 ABCA 279: Leases; Condominiums; Property Interests
Ernst v. Alberta (Energy Resources Conservation Board), 2014 ABCA 285: Duty of Care; Charter of Rights and Freedoms; Striking Pleadings
Canadian Natural Resources Limited v. ShawCor Ltd., 2014 ABCA 289: Rules of Court; Evidence; Solicitor-Client Privilege ~ Counsel Comments provided by Robert Martz, Counsel for the Respondent
Vallieres v. Vozniak, 2014 ABCA 290: Property Law; Repudiation of Contracts; Restrictive Covenants ~ Counsel Comments provided by Joseph G. Oppenheim, Counsel for the Appellants
TransAlta Generation Partnership v. Balancing Pool, 2014 ABCA 294: Energy Law; Arbitration; Third Parties ~ Counsel Comments provided by Michael Donaldson and Melanie Teetaert, Counsel for the Appellant/Cross-Respondent


Alberta Take Five November 2014 Summarized Cases:

1694192 Alberta Ltd. v. Lac La Biche (Subdivision and Development Appeal Board), 2014 ABCA 319: Municipal Law; Development Permits; Bylaw Interpretation
Sherwood Steel Ltd. v. Odyssey Construction Inc., 2014 ABCA 320: Cause of Action Estoppel; Doctrine of Merger; Over-Compensation
Tran v. Kerr, 2014 ABCA 350: Procedural Fairness; Lawyer’s Standard of Care; Ex Turpi Causa
Gauchier v. Alberta (Métis Settlements Land Registry), 2014 ABCA 356: Aboriginal Law; Métis Settlement; Administrative Law
Clarke v. Syncrude Canada Ltd., 2014 ABCA 362: Employment Law; Dismissal with Cause; Sexual Misconduct; Valuation of Stock Options


Alberta Take Five December 2014 Summarized Cases:

Paragon Capital Corporation Ltd. v. Morgan, 2014 ABCA 363: Property Law; Fraudulent Conveyance; Evidence; Credibility; Costs
McMorran v. Alberta Pension Services Corporation, 2014 ABCA 387: Family Law; Pensions; Special Forces Pension Plan; Matrimonial Property ~ Counsel Comments provided by Dino McLaughlin, Counsel for the Appellant
Metalworks Canada Ltd v. Warrack, 2014 ABCA 389: Torts; Misappropriation; Attachment Order; Tracing
CCS Corporation v. Pembina Pipeline Corporation, 2014 ABCA 390: Natural Resource Law; Pipelines; Competition; Summary Dismissal
EG v. Alberta (Child, Youth and Family Enhancement Act, Director), 2014 ABCA 396: Family Law; Guardianship; Abuse ~ Counsel Comments provided by Diann P. Castle, Counsel for the Respondents E.G. and A.G.


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