2015 Alberta Newsletter

Summarized Cases:

ATCO Gas and Pipelines Ltd v. Alberta (Utilities Commission), 2014 ABCA 397: Administrative Law; True Jurisdiction; Regulatory Law; Authority to Award Costs
Buffalo Trail Public Schools Regional Division No. 29 v. Alberta Teachers Association, 2014 ABCA 407: Arbitration; Judicial Review; Standard of Review ~ Counsel Comments provided by Jeremy Taylor, Counsel for the Alberta Teachers’ Association
Equitable Trust Company v. 604 1st Street S.W. Inc., 2014 ABCA 427: Property Law; Restrictive Covenants; Runs with the Land
Wagner v. Wagner, 2014 ABCA 428: Family Law; Child Support; Arrears; Ancillary Orders
Alberta Teachers’ Association v. Information and Privacy Commissioner, 2014 ABCA 432: Administrative Law; Mootness; Standing; Judicial Review ~ Counsel Comments provided by Kelly Nicholson, Counsel for the Respondent, The Alberta Teachers’ Association

Summarized Cases:

Carter v. Canada (Attorney General), 2015 SCC 5: Constitutional Law; Charter of Rights and Freedoms; Assisted Suicide ~ Counsel Comments provided by Joseph Arvay, Q.C., Sheila Tucker, and Alison Latimer, Counsel for the Appellants, and, by Bryant Mackey, Counsel for the Respondent Attorney General of British Columbia. Mr. Mackey is now Associate Counsel at Farris, Vaughan, Wills & Murphy LLP
Peters & Co Limited v. Ward, 2015 ABCA 6: Contract Law; Anton Piller Orders; Judicial Discretion
Shaw v. Shaw, 2015 ABCA 11: Family Law; Spousal Support; Division of Matrimonial Property ~ Counsel Comments provided by M.N. Tupper, Counsel for the Appellant
Demb v. Valhalla Group Ltd., 2015 ABCA 29: Procedural Law; Case Management; Contempt
Nafie v. Badawy, 2015 ABCA 36: Family Law; Parens Patriae Jurisdiction; Ordinarily Resident

Summarized Cases:

Stout v. Track, 2015 ABCA 10: Procedural Law; Malicious Prosecution; Summary Judgement                                                        Ho v. Alberta Association of Architects, 2015 ABCA 68: Professional Associations; Unlicensed Practice; Procedural Unfairness                                                                                              Van Camp v. Laurentian Bank of Canada, 2015 ABCA 83: Contract Law; Financing; Unjust Enrichment; Summary Dismissal                                                                                   Edmonton East (Capilano) Shopping Centres Limited v Edmonton (City), 2015 ABCA 85: Municipal Law; Taxation; Standard of Review  ~ Counsel Comments provided by Gilbert Ludwig, Q.C. and Alana Hall, Counsel for the Respondent Edmonton East (Capilano) Shopping Centres Limited
Altus Group Limited v Calgary (City), 2015 ABCA 86: Municipal Law; Taxation; Standard of Review ~ Counsel Comments provided by Gilbert Ludwig, Q.C., Counsel for Altus Group Limited on behalf of Various Owners

Summarized Cases:

Sandhu v. Siri Guru Nanak Sikh Gurdwara of Alberta, 2015 ABCA 101: Religious Societies; Oppressive Conduct; Restructuring
Burke v. Burke, 2015 ABCA 107: Family Law; Jurisdiction; Divorce Act: Procedure ~ Counsel Comments provided by Megan Tupper, Counsel for the Appellant
Rosam Holdings Ltd v. Libin, 2015 ABCA 110: Family Law; Real Property; Voting Shares; Certificate of Lis pendens ~ Counsel Comments provided by Michael D. Mysak and Aaron F. Rankin, Counsel for the Appellant
TD Auto Finance (Canada) Inc v. Yan, 2015 ABCA 114: Financing; Security Interest; Bona fide Purchaser; Vehicle “Cloning” ~ Counsel Comments provided by Bobby S. Randhawa, Counsel for the Respondent
Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, 2015 ABCA 121: Insurance Law; Construction; Exclusions; Faulty Workmanship ~ Counsel Comments provided by Gregory Tucker, Counsel for the Appellants

Summarized Cases:

Sandhu v. Siri Guru Nanak Sikh Gurdwara of Alberta, 2015 ABCA 101: Religious Societies; Oppressive Conduct; Restructuring ~ Counsel Comments provided by Arpal Dosanjh, Counsel for the Respondents
University of Calgary v. JR, 2015 ABCA 118: Privacy Law; Solicitor-Client Privilege; Statutory Interpretation; Standard of Review
Rau v. Edmonton (City), 2015 ABCA 136: Municipal Law; Zoning; Development Permits; Bylaw Interpretation
BDO Canada Limited v. Dorais, 2015 ABCA 137: Bankruptcy; Trustees; Prosecution by Trustee ~ Counsel Comments provided by G. James Thorlakson, Counsel for the Appellant
Statesman Master Builders Inc. v. Bennett Jones LLP, 2015 ABCA 142: Law Firms; Duty of Loyalty; Conflict of Interest; Partnerships; Joint Ventures
Amack v. Wishewan, 2015 ABCA 147: Corporations; Shareholders; Statutory Limitation Period; Summary Dismissal

Summarized Cases:

1773907 Alberta Ltd v. Davidson, 2015 ABCA 150: Fraud; Frivolous Litigation; Champerty and Maintenance ~ Counsel Comments provided by Trevor McDonald and Robert Martz, Counsel for the Appellants, and, by Matti Lemmens and Locklyn Price, Counsel for the Respondents 
Isbister v. Metis Settlements Appeal Tribunal, 2015 ABCA 164: Aboriginal Law; Metis Settlements Appeal Tribunal; Statutory Time Limits ~ Counsel Comments provided by Patrice L. Taylor, Counsel for the Appellant
Black Diamond (Town) v. 1058671 Alberta Inc., 2015 ABCA 169: Municipal Law; Issue Estoppel; Stop Orders; Land Use Bylaws
RP v. Alberta (Director of Child, Youth and Family Enhancement), 2015 ABCA 171: Family Law; Best Interests of the Child; Fostering ~ Counsel Comments provided by April C. Kellett, Counsel for the Respondents
Chisholm v. Lindsay, 2015 ABCA 179: Tort Law; Motor Vehicle Accident; Personal Injury; Damages; Costs

Summarized Cases:

Saskatchewan Power Corporation v. Alberta (Utilities Commission), 2015 ABCA 183: Utilities; Administrative Tribunals; Electrical Systems; Electricity Transmission Capacity
Taylor v. 1103919 Alberta Ltd., 2015 ABCA 201: Real Property; Purchase and Sale; Causation; Lis pendens
Sorochan v. Bouchier, 2015 ABCA 212: Personal Injury; Motor Vehicle Accident; Soft Tissue Injury; Quantum of Damages
McGowan v. Lang, 2015 ABCA 217: Procedure; Chambers; Extension of Time; Motor Vehicle Accident
Stewart v. Elk Valley Coal Corporation, 2015 ABCA 225: Administrative Law; Human Rights; Labour Law; Disability; Addiction ~ Counsel Comments provided by Peter Gall, Q.C., Counsel for the Respondent Elk Valley Coal Operation

Summarized Cases:

Iona Contractors Ltd. v. Guarantee Company of North America, 2015 ABCA 240: Bankruptcy; Trusts; Construction; Operational Conflict
Williams v. Williams, 2015 ABCA 246: Family Law; Spousal Support; Material Change of Circumstance; Self-Represented Litigants; Procedural Fairness
Kon Construction Ltd. v. Terranova Developments Ltd., 2015 ABCA 249: Evidence; Admissibility; Electronic Records; Experts; Construction Contracts
Whitecourt Power Limited Partnership v. Elliott Turbomachinery Canada Inc., 2015 ABCA 252: Torts; Third-Party Claims; Statutory Limitation Periods; Summary Dismissal ~ Counsel Comments provided by Kim Wigmore and Alexandre Maltas, Counsel for the Respondent Interpro Technical Services Ltd.
Goodswimmer v. Canada (Attorney General), 2015 ABCA 253: Aboriginal Law; Release of Obligations; Case Management; Solicitor-Client Privilege ~ Counsel Comments provided by Mark Freeman, Counsel for the Appellants

Summarized Cases:

Burch v. Intact Insurance Company, 2015 ABCA 229: Insurance Law; Exclusionary Clauses; Personal Injury ~ Counsel Comments provided by Alexander Dimitroff, Counsel for the Defendant
Money v. Bonnyville (Municipal District No. 87), 2015 ABCA 254: Appellate Chambers Applications; Permission to Appeal; Municipal Law; Procedural Fairness
Carbone v. Whidden, 2015 ABCA 255: Torts; Battery; Negligence; Costs; Self-Represented Litigants
R v. Alcantara, 2015 ABCA 258: Criminal Law; Cocaine Trafficking; Acquittals; Evidence
Modry v. Alberta Health Services, 2015 ABCA 265: Self-Regulating Professions; Procedural Fairness; Mandatory Injunctions

Summarized Cases:

Allen v. Alberta, 2015 ABCA 277: Constitutional Law; Charter Rights; Private Health Insurance; Summary Judgment
KB v. Alberta (Director of the Child, Youth and Family Enhancement Act), 2015 ABCA 278: Family Law; Best Interests of the Child; Procedural Fairness
Canadian Union of Public Employees, Local 38 v. Calgary (City of), 2015 ABCA 280: Labour Law; Collective Agreements; Vacation Policy
FortisAlberta Inc v. Alberta (Utilities Commission), 2015 ABCA 295: Utilities Regulation; Administrative Law; Statutory Interpretation
Peters v. Peters Estate, 2015 ABCA 301: Wills and Estates; Trust; Stepchildren

Summarized Cases:

Keen v. Christian-Keen, 2015 ABCA 314: Family Law; Spousal Support; Non-Compensatory Support; Division of Pension
Huerto v. Canniff, 2015 ABCA 316: Chambers Applications; Delay; Relevant and Material Evidence; Solicitor-Client Costs ~ Counsel Comments provided by Brian Thompson, Counsel for for the Respondents, and, by Matt Mulholland, Counsel for the Appellant
Pattison Outdoor Advertising Ltd v. Calgary (Subdivision and Development Appeal Board), 2015 ABCA 317: Municipal Law; Development Permits; Estoppel
Myram v. Montgomery, 2015 ABCA 319: Chambers Applications; Undue Influence; Viva voce Evidence ~ Counsel Comments provided by Grant Vipond, Counsel for the Appellant
Alberta (Securities Commission) v. Chandran, 2015 ABCA 323: Securities Law; Sanctions; Capital Market

Summarized Cases:

HOOPP Realty Inc. v. The Guarantee Company of North America, 2015 ABCA 336: Striking Pleadings; No Reasonable Cause of Action; Debtor and Creditor ~ Counsel Comments provided by Keith Marlowe, Counsel for the Respondent
1170987 Alberta Ltd. v. 1544361 Alberta Ltd., 2015 ABCA 351: Corporations; Winding Up; Business Disputes
York Realty Inc. v. Alignvest Private Debt Ltd., 2015 ABCA 355: Bankruptcy; Security Deposits; Estate of the Bankrupt
Stewart Estate v. TAQA North Ltd., 2015 ABCA 357: Natural Resources; Freehold Leases; Standard of Review
Warman v. Law Society of Alberta, 2015 ABCA 368: Administrative Law; Standing; Procedural Fairness; Professional Bodies