2016 – Alberta


Alberta Take Five January 2016 cover Summarized Cases:

World Health Edmonton Inc. v. Edmonton (City), 2015 ABCA 377: Municipal Law; Development Permits; Notice; Statutory Time Limits; Standard of Review
Boyd v. JBS Foods Canada Inc., 2015 ABCA 380: Employment; Workers’ Compensation; Judicial Review; Standard of Review
Enmax Energy Corporation v. TransAlta Generation Partnership, 2015 ABCA 383: Arbitration; Utilities; Issue Estoppel; Res judicata
Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396: Administrative Law; Self-Regulating Professions; Procedural Fairness ~ Counsel Comments provided by Kim Doniger, Counsel for the Appellant and, Karen Smith, Counsel for the Respondent Gulevich v. Miller, 2015 ABCA 411: Torts; Medical Malpractice; Situating a Tort; Jurisdiction


Alberta Take Five February 2016 Summarized Cases:

Alexander v. Sun Life Assurance Company of Canada, 2016 ABCA 2: Chambers; Production of Documents; Undertaking to Advise
Clark v. Laser Clean Ltd (Don’s Power Vac), 2016 ABCA 4: Chambers; Interlocutory Injunctions; Irreparable Harm; Competition
Edmonton School District No 7 v. Dorval, 2016 ABCA 8: Employment Law; Termination; Teaching; Administrative Tribunals; Standard of Review ~ Counsel Comments provided by Ayla Akgungor and Dana Adams, Counsel for the Respondent (Appellant on Cross Appeal)
Ashar v. Irving Oil Limited, 2016 ABCA 15: Interlocutory Injunctions; Contempt; Confidentiality; Wrongful Dismissal
Turner v. Bell Mobility Inc., 2016 ABCA 21: Procedure; Abuse of Process; Multijurisdictional Class Actions ~ Counsel Comments provided by Andrew Sunter, Counsel for the Appellant Rogers Communications Partnership


Alberta Take Five March 2016 Summarized Cases:

Pyrrha Design Inc v. Plum and Posey Inc, 2016 ABCA 12: Chambers Applications; Settlement Contract; Summary Dismissal
JTI-MacDonald Corp v. Alberta, 2016 ABCA 28: Taxation; Importation; Tobacco; Statutory Interpretation
Hole v. Hole, 2016 ABCA 34: Corporations; Letter of Understanding; Family Business; Repudiation of Contract
Frank v. Beaver, 2016 ABCA 35: Family Law; Partner Support; Arrears; Freezing of Assets
Hill v. Hill, 2016 ABCA 49: Practice and Procedure; Chambers; New Evidence; Res judicata


Alberta Take Five April 2016 Summarized Cases:

Thomas v. Edmonton (City), 2016 ABCA 57: Municipal Law; Consultation; Variance; Development ~ Counsel Comments provided by Kim Wakefield, Q.C., Counsel for the Appellants
Fraser-Tabak v. Tabak, 2016 ABCA 79: Family Law; Spousal Support; Division of Marital Property; Bias
Ren v. Jin, 2016 ABCA 80: Investments; Unjust Enrichment; Evidence; Credibility; Procedural Fairness                                    Calgary (City) v. Resman Holdings Ltd., 2016 ABCA 81: Municipal Law; Assessment Review Board; Jurisdiction; Leave to Appeal ~ Counsel Comments provided by Gil Ludwig, Q.C., and Richard Harrison, Counsel for the Respondent, Resman Holdings Ltd.
The Metropolitan Conference Centre Inc. v. Hunter, 2016 ABCA 83: Contracts; Extortion; Additional Fees; Defamation


Alberta Take Five May 2016 Summarized Cases:

Shefsky v. California Gold Mining Inc., 2016 ABCA 103: Corporate Law; Shareholders; Oppression; Conflicting Evidence; Mineral Exploration
Edmonton (City) v. Alberta (Information and Privacy Commissioner), 2016 ABCA 110: Freedom of Information; Public Bodies; Local Government; Fees
Lenz v. Sculptoreanu, 2016 ABCA 111: Statutory Interpretation; Protection Against Family Violence Act; Definition of “Family Members”
Ro-Dar Contracting Ltd. v. Verbeek Sand & Gravel Inc., 2016 ABCA 123: Procedure; Long Delay; Rules of Court R. 4.33; “Drop Dead” Rule; Verbal Contract
Kohan v. Kohan, 2016 ABCA 125: Family Law; Child Support; Child of the Marriage; Spousal Support ~ Counsel Comments provided by Aaron Martens and Jonathan Griffith, Counsel for the Appellant


Alberta Take Five June 2016 Summarized Cases:

Ursa Ventures Ltd. v. Edmonton (City), 2016 ABCA 135: Procedure; Alberta Rules of Court; “Drop Dead” Rule
Erdmann v. Complaints Inquiry Committee, 2016 ABCA 145: Self-Regulating Professions; Unprofessional Conduct; Complaints, Costs Lum v. Alberta Dental Association and College (Review Panel), 2016 ABCA 154: Self-Governing Professions; Inter-Provincial Agreements; Standard of Review ~ Counsel Comments provided by James T. Casey, Q.C and Dana L. Adams, Counsel for the Respondent the Alberta Dental Association and College, and, by Craig Bavis, Counsel for the Appellants
Blicharz v. Livingstone
, 2016 ABCA 157: Personal Injury; Motor Vehicle Accidents; Evidence; Witness Reliability ~ Counsel Comments provided by Don Dear, Q.C. and Sue Remmer, Counsel for the Respondents
Osman Auction Inc. v. Edmonton (City), 2016 ABCA 166: Municipal Law; Development Permit; Services; Statutory Interpretation ~ Counsel Comments provided by Chris Zelyas, Counsel for the Appellant


Alberta Take Five July 2016 Summarized Cases:

Demb v. Valhalla Group Ltd., 2016 ABCA 172: Contempt of Court; Proof of Civil Contempt; Further and Better Affidavits of Records MacFarlane v. MacFarlane, 2016 ABCA 183: Family Law; Matrimonial Property Act; Presumption of Equal Division; Exemptions ~ Counsel Comments provided by Nav Virk and Megan Tupper, Counsel for the Respondent
Calaheson v. Gift Lake Metis Settlement, 2016 ABCA 185: Local Elections; Eligibility to Run; Eligibility to Vote; Metis and Indian Status ~ Counsel Comments provided by Richard B. Hajduk and Rodger C. Gibbs, Counsel for the Appellant
Rensonnet v. Uttl, 2016 ABCA 196: Family Law; Child Custody; Child Support; Ex Parte Orders; Maximum Contact Principle
NEP Canada ULC v. MEC Op LLC, 2016 ABCA 201: Procedure; Case Management; Consolidation; Severance ~ Counsel Comments provided by Lenard Sali, Q.C., Counsel for the Respondent


Alberta Take Five August 2016 Summarized Cases:

Canada (Attorney General) v. Delorme, 2016 ABCA 168: Procedure; Long Delay; Alberta Rules of Court; Conflicts of Interest Gault Estate v. Gault Estate, 2016 ABCA 208: Wills and Estates; Procedure; Litigation Privilege; Examination of Non-Parties ~ Counsel Comments provided by Dan McDonald, Q.C. and Joanne Luu, Counsel for the Respondent James Emsley Thomas Hooton, as Litigation Representative of the Estate of Carol Mary Lascelles Gault, and, Michael A. Waite, Counsel for the Respondent Richard Gilbert, 1512873 Alberta Ltd.
Park Avenue Flooring Inc v. EllisDon Construction Services Inc.
, 2016 ABCA 211: Chambers Applications; Representation of Corporation by Non-Lawyer Agent
Elan Construction Limited v. South Fish Creek Recreational Association, 2016 ABCA 215: Contracts; Bids for Tender; Breach of Contract A; Damages ~ Counsel Comments provided by Todd Kathol and Jessica Robertshaw, Counsel for the Appellant/Cross-Respondent
Warner v. Smith & Nephew Inc., 2016 ABCA 223: Class Proceedings; Criteria for Certification; Size of Class


Alberta Take Five September 2016 Summarized Cases:

Green v. Alberta Teachers’ Association, 2016 ABCA 237: Administrative Law; Judicial Review; Procedural Fairness; Privative Clause ~ Counsel Comments provided by Joseph Miller, Q.C., Counsel for the Appellant                                                                   Goska J. Nowak Professional Corporation v. Robinson, 2016 ABCA 240: Contracts; Assignment of Agreement Without Consent, Non-Competition Clause; Costss ~ Counsel Comments provided jointly by B. Adam E. Brener, Counsel for the Respondents Robbie Robinson and R. Robinson Professional Corporation (“Dr. Robinson”), and Peter J. Major, Q.C., Counsel for the Respondent James E. Reid Professional Corporation (“Reid”)
Gemba Fund One LLC v. Tolosa Development Corp., 2016 ABCA 241: Litigation; Attachment Orders; Funds Left in Trust; Claims Settlement
Houle v. Knelsen Sand and Gravel Ltd., 2016 ABCA 247: Contract Law; Rescission of Contract; Repayment of Funds; Whole Agreement Clause
Valard Construction Ltd v. Bird Construction Company, 2016 ABCA 249: Construction Law; Labour and Material Payment Bond; Obligation to Inquire; Indemnity Costs ~ Counsel Comments provided by Mike Preston, Counsel for the Appellant


Alberta Take Five October 2016 Summarized Cases:

Acielo v. Condominium Plan 9022497, 2016 ABCA 251: Limitations; Statutory interpretation; Landlord and Tenant ~ Counsel Comments provided by Christine Pratt, Counsel for the Appellant
Wall v. Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses, 2016 ABCA 255: Jurisdiction; Judicial Review; Religious Organizations; Disfellowship; Natural Justice ~ Counsel Comments provided by David Gnam, Counsel for the Appellant
Woodward v. Verbeek, 2016 ABCA 262: Summary Dismissal; Security for Costs; Solicitor and Client Costs                                         Fast Labour Solutions (Edmonton) Limited v. Kramer’s Technical Services Inc., 2016 ABCA 266: Creditor’s Remedies; Priority; Leasing; Personal Property Security Act ~ Counsel Comments provided by Brian S. Sussman, Q.C., Counsel for the Respondent
Law Society of Alberta v. Beaver, 2016 ABCA 29: Self-Governing Professions; Practice of Law; Suspension; Statutory Interpretatio


Alberta Take Five November 2016 Summarized Cases:

Rogers v. Volkswagen A.G., 2016 ABCA 301: Case Management; Procedural Fairness; Adjournment Conditions; Communication Restrictions
FIC Real Estate Fund Ltd. v. Phoenix Land Ventures Ltd., 2016 ABCA 303: Contract Interpretation; Litigation Misconduct; Credibility; Solicitor-Client Costs ~ Counsel Comments provided by Ken Fitz, counsel for the Respondent
Mraz v. Herman, 2016 ABCA 313: Torts; Negligence; Breach of Contract; Solicitors                                                                                   1387388 Alberta Ltd. v. Irwin, 2016 ABCA 314: Foreclosure Proceeding; Mortgage; Surplus Equity; Costs Awards
Ghost Riders Farm Inc v. Boyd Distributors Inc., 2016 ABCA 331: Conspiracy; Non-Competition clauses; Summary Judgment; Summary Dismissal


Alberta Take Five December 2016 Summarized Cases:

Wooddworks Design Ltd v. Forzani, 2016 ABCA 310: Summary Judgment; Affidavits; Conflicting Evidence
Smoothwater Capital Corporation v. Marquee Energy Ltd., 2016 ABCA 360: Corporations; Amalgamation; Shareholder Rights Condominium Corporation No. 311443 v. Goertz, 2016 ABCA 362: Condominium Corporations; Bylaws; Fees; Condominium Property Act                                                                                                       Brost v. Kusler, 2016 ABCA 363: Family Law; Procedure; Long Delay Rule; Significant Advance in the Action
Smith v. Smith, 2016 ABCA 376: Family Law; Divorce; Matrimonial Property; Double Costs


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