2012 Alberta Newsletter

Summarized Cases:

TestABS Trucking Ltd. v. Edmonton (City), 2011 ABCA 353: Municipal Law; Planning and Development; Zoning Regulations
Reid v Maloney, 2011 ABCA 355: Health Law; Health Care Professionals; Malpractice
Royal Bank of Canada v. Swartout, 2011 ABCA 362: Creditors and Debtors Law; Guarantees and Indemnities
Stoke Resources & Consulting Inc. v. Auto Body Services Red Deer: Commercial Law; Secured Transactions; Legislation
Jackson v. Alberta Social Housing Corporation, 2011 ABCA 381: Contracts; Remedies; Quantum Meruit

Summarized Cases:

Summarized Cases:

Laasch v. Turenne, 2012 ABCA 32: Civil Litigation; Limitations; Enforcement of Foreign Judgment
Alberta Teachers’ Association v. Calgary Roman Catholic Separate School District No. 1, 2012 ABCA 45: Labour Arbitration; Collective Agreement; Interpretation
Cho v. Twin Cities Power-Canada, 2012 ABCA 47: Civil Procedure; Mareva Injunction; Preservation of Property
S.M.K. v. O.A.J, 2012 ABCA 49: Family Law; Removal of Child from Jurisdiction; Best Interests of the Child
Erdmann v Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2012 ABCA 52: Administrative Law; Professional Disciplinary Proceedings; Restricted Court Access;

Summarized Cases:

Equitable Trust Company v. Lougheed Block Inc., 2012 ABCA 87: Real Estate; Foreclosure; Purchase and Sale of Land
Mills v. Royal Bank of Canada, 2012 ABCA 75: Banking; Breach of Trust; Limitation of Actions
McCauley Community League v Edmonton (City), 2012 ABCA 86: Administrative Law; Boards; Jurisdiction
Zahmol Properties Ltd. v Calgary (City), 2012 ABCA 89: Municipal Law; Boards and Tribunals; Expropriation
681210 Alberta Ltd. v. Hunter, 2012 ABCA 83: Corporations; Breach of Fiduciary Duty; Laches and Acquiescence

Summarized Cases:

Gallant v. Farries, 2012 ABCA 98: Civil Procedure; Severance of Issues
United Food and Commercial Workers, Local 401 v. Alberta (Attorney General), 2012 ABCA 130: Constitutional Law; Freedom of Expression; Protection of Privacy; Labour Law
Karafiat v. Webb, 2012 ABCA 115: Real Property Law; Dower Rights; Secured Creditors
Valgardson v. Valgardson, 2012 ABCA 124: Corporations; Derivative Actions
Malinowski v. Schneider, 2012 ABCA 125: Medical Malpractice; Informed Consent; Material Risks

Summarized Cases:

Carevest Capital Inc. v. Leduc (County), 2012 ABCA 161: Commercial Law; Secured Transactions; Priorities; Quistclose Trust
Bahcheli v. Yorkton Securities Inc., 2012 ABCA 166: Rules of Court; Standard of Review; “Drop Dead” Rule;
Pridgen v. University of Calgary, 2012 ABCA 139: Administrative Law; Universities; Constitutional issues; Freedom of Speech;
Alberta Treasury Branches v. Opsteen, 2012 ABCA 153: Civil procedure; Actions; Amendment of Pleadings; Statement of Defence; Estoppel
Clark v. Complaints Inquiry Committee, 2012 ABCA 152: Professional Responsibility; Self-Governing Professions; Investigation of Complaints

Summarized Cases:

Azam v. Jan, 2012 ABCA 197: Family Law; Marriage; Capacity To Marry; Polygamy
Envision Edmonton Opportunities Society v. Edmonton (City), 2012 ABCA 188: Municipal Law; Limitation Period; Actions by and Against Municipality
Remington Development Corporation v. Enmax Power Corporation, 2012 ABCA 196: Contracts; Parties; Assignment of Contractual Rights; Effect of Assignment
Tartaglia v. Alberta (Workers’ Compensation Board, Appeals Commission), 2012 ABCA 186: Workplace Health and Safety; Measurement of Compensation; Judicial Review; Procedural Unfairness
Thoreson et.al. v Alberta (Minister of Infrastructure), 2012 ABCA 170: Powers of Municipality; Expropriation; Compensation Valuation

Summarized Cases:

Metcalfe Estate v. Yamaha Motor Powered Products Co., Ltd., 2012 ABCA 240: Civil Procedure: Service Ex Juris; Hague Convention on the Service Abroad Judicial and Extra-judicial Documents in Civil or Commercial Matters
InterPipeline Fund v. Alberta (Energy Resources Conservation Board), 2012 ABCA 208: Oil and Gas; Energy Resources Conservation Board Practice and Procedure; Standard of Judicial Review
Canada Safeway Limited v. Alberta, 2012 ABCA 232; Husky Energy Inc. v. Alberta, 2012 ABCA 231: Income Tax Law: Corporate Income Tax; General Anti-Avoidance Rules
Liberty Mortgage Services Ltd. v. Canada (National Revenue), 2012 ABCA 225: Debtor and Creditor; Crown Prerogative; Civil Enforcement Act
McCauley Community League v. Edmonton (City), 2012 ABCA 224: Municipal Law; Subdivision and Development; Zoning Bylaws

Summarized Cases:

Benc v. Parker, 2012 ABCA 249: Motor Vehicle Accidents; Minor Injury Regulation; Medical Examinations; Limitation
Periods
Ko v. Hillview Homes Ltd., 2012 ABCA 245: Contracts; Building Contracts; Certainty of Terms
G.L. v N.A.H., 2012 ABCA 247: Family Law; Child Protection; Leave to Appeal
United States of America v. Sosa, 2012 ABCA 242: Extradition; Committal for Trial; Leave to Appeal
Martin v. Alberta (Workers’ Compensation Board), 2012 ABCA 248: Workers’ Compensation; Federal Employees; Statutory Interpretation

Summarized Cases:

Wright v College and Association of Registered Nurses of Alberta (Appeals Committee), 2012 ABCA 267: Administrative Law; Professions and Occupations; Registered Nurses; Human Rights Legislation
Sandhu v MEG Place LP Investment Corporation, 2012 ABCA 266: Bankruptcy and Insolvency; Civil Procedure: Service of Claims: Disallowance Claims
Beacon Hill Service (2000) Limited v Esso Petroleum Canada, 2012 ABCA 269: Conflict of Laws; Abuse of Process; Legal Representation
Condominium Corporation No. 9813678 v. Statesman Corporation, 2012 ABCA 265: Civil Procedure; Costs; Bullock Order; Calderbank Order
Encana Corporation v. Devon Canada Corporation, 2012 ABCA 271: Oil and Gas; Mines and Minerals; Leaseholds

Summarized Cases:

Williams v. Telecommunications Workers Union, 2012 ABCA 284: Wrongful Dismissal; Labour Relations; Trade Unions
Lund v. Boissoin, 2012 ABCA 300: Human Rights; Freedom of Speech; Hate Speech
Parkdale Nifty Fifties Seniors Association v Calgary (City), 2012 ABCA 301: Municipal Law; Estoppel; Adverse Possession
Communications, Energy and Paperworkers Union, Local 707 v. Suncor Energy Inc., 2012 ABCA 307: Labour Relations; Drug-Testing Policy; Injunctions; Stay of Proceedings
Karagic v. Calgary (City), 2012 ABCA 309: Municipal Law; Property Development Permits

Summarized Cases:

University of Alberta v Chang, 2012 ABCA 324: Judiciary; Reasons for Decision; Sufficiency of Reasons for Decision
Elbow River Marketing Limited Partnership v. Canada Clean Fuels Inc., 2012 ABCA 328: Civil Procedure; Pre-Trial; Summary Applications; Agency; Piercing the Corporate Veil
Edmonton (Police Service) v. Alberta (Law Enforcement Review Board), 2012 ABCA 357: Police; Disciplinary Proceedings; Standard of Review
McAllister v Calgary (City), 2012 ABCA 346: Police; Municipal Law; Documentary Disclosure
St. Cyr v Alberta (Workers’ Compensation Board), 2012 ABCA 358: Workers’ Compensation; Calculation of Earnings; Estoppel; Res Judicata