2023 Alberta Newsletter

Summarized Cases:

1921645 Alberta Ltd v. FCT Insurance Company Ltd., 2022 ABCA 400: Civil Practice and Procedure, Contracts, Insurance, Public Law, Municipal Law ~ Counsel Comments provided by Kerry Lynn Okita and Patty Ko, Counsel for the Appellants

Kaur v. Bains, 2022 ABCA 404: Family Law, Matrimonial Property, Agreement to Vary ~ Counsel Comments provided by Lisa Handfield, Counsel for the Appellant

Tempo Alberta Electrical Contractors Co Ltd v. Man-Shield (Alta) Construction Inc., 2022 ABCA 409: Construction, Builders’ Liens, Trusts, Bonds ~ Counsel Comments provided by Jose Delgado and Megan Harris, Counsel for the Appellant; Counsel Comments provided by Kevin Burron, Counsel for the Respondent

Rocky View Water Co-Op Ltd. v. Cidex Developments Ltd., 2022 ABCA 422: Municipal, Special Levy

Edmonton Police Service v. Alberta (Information and Privacy Commissioner), 2022 ABCA 397: Public Law, Freedom of Information, Freedom of Information and Protection of Privacy Act, RSA 2000, c. F-25, Confidential Information ~ Counsel Comments provided by Katrina Haymond, K.C. and Jason Kully, Counsel for the Appellant

Summarized Cases:

Oostlander v. Cervus Equipment Corporation, 2023 ABCA 13: Civil Procedure, Public Law, Employment Law

Taiga Gold Corp v. Munday, 2023 ABCA 12: Corporate Law, Business Corporations Act, Court-Approved Arrangements

Gordon v. Cote, 2023 ABCA 22: Wills and Estates, Evidence, Civil Procedure ~ Counsel Comments provided by Paul LeClair, Patricia Agoncillo, John Fletcher and Greg Kaladeen, Counsel for the Respondent, A.S. Gordon

Wanglin v. College of Acupuncturists of Alberta, 2023 ABCA 25: Regulation of Health Professionals, Public Law, The Health Disciplines Act, RSA 2000, c H-2

MOG v. COG, 2023 ABCA 19: Injunctions, The Hague Convention, Best Interests of the Child, Custody, Injunctions, Equitable Remedies

Summarized Cases:

Abbas v. Esurance Insurance Company of Canada, 2023 ABCA 36: Automobile Insurance, Fraud

Aseniwuche Winewak Nation of Canada v. Ackroyd LLP, 2023 ABCA 60: Professional Negligence, Limitation Periods, Limitations Act

Hong v. Hong, 2023 ABCA 33: Conflicts, Fraudulent Conveyance, Confidentiality

Altus Group Ltd v. Alberta (City of Edmonton Composite Assessment Review Board), 2023 ABCA 35: Administrative Law, Judicial Review, Municipal Government Act

2102908 Alberta Ltd v. Intact Insurance Company, 2023 ABCA 34: Insurance, Coverage, Flood Exclusion

Summarized Cases:

Shelter Canadian Properties Limited v. Aviva Insurance Company of Canada, 2023 ABCA 74: Insurance, Coverage

Barkwell v. McDonald, 2023 ABCA 87: Matrimonial Property, Section 8Matrimonial Property Act, Exemptions ~ Counsel Comments provided byLaura H. Bruyer, K.C., Counsel for the Appellant

CNOOC Petroleum North America ULC v. 801 Seventh Inc., 2023 ABCA 97: Civil Procedure, Discovery of Non-Parties ~ Counsel Comments provided by Michael Mysak, Ciara Mackey and Alicia Yowart, Counsel for the Appellants

Julien v. Alberta (Appeals Commission for Alberta Workers’ Compensation), 2023 ABCA 81: Judicial Review, Workers Compensation Act, Limitation Periods, Alberta Rules of Court, Service

Hyundai Auto Canada Corp. v. Engen, 2023 ABCA 85: Class Action, Product Liability, Certification Applications

Summarized Cases:

Sutherland v. Sutherland, 2023 ABCA 121: Family Law; Child Support; Res Judicata ~ Counsel Comments by Kyra Bradley and Logan Kachur, Counsel for the Respondent father

Nurmi v. Nurmi, 2023 ABCA 123: Family Law; Relocation ~ Counsel Comments provided by Andy Hayher, K.C. and Melody Rodger, Counsel for the Appellant and by David Miksha, Counsel for the Respondent

Canada (Attorney General) v. Smykot, 2023 ABCA 131: Jurisdiction; Alberta Court of Justice; Firearms

Bacanora Minerals Ltd v. Orr-Ewing (Estate), 2023 ABCA 139: Limitations; Declaratory Relief

ATCO Electric Ltd v Alberta Utilities Commission, 2023 ABCA 129: Regulatory Law; Utilities; Discretion

Summarized Cases:

Prodaniuk v. Calgary (City), 2023 ABCA 165: Labour; Administrative; Civil Procedure; Constitutional

Brookfield Place (Calgary) GP Inc v. Calgary (City), 2023 ABCA 168: Statutory Interpretation; Tax; Supplementary Assessments ~ Counsel Comments by Gil Ludwig, K.C., Counsel for the Appellant

JI v. Alberta (Child, Youth and Family Enhancement Act, Director), 2023 ABCA 169: Constitutional; Freedom of Religion; Youth; Health ~ Counsel Comments provided by Scott Hammond and Rachael Anderson, Counsel for the Appellant J.I.

Ruel v. Rebonne, 2023 ABCA 156: Non-Compete Clauses; Breach of Contract; Damages ~ Counsel Comments provided by
Andrew Pozzobon, and Briggs Larguinho, Counsel for the Respondent

Kaushal v. Kaushal, 2023 ABCA 155: Family; Child Support; Matrimonial Property ~ Counsel Comments by
Andy Hayher, K.C., Counsel for the Respondent

Summarized Cases:

Lausen v. Alberta (Director of SafeRoads), 2023 ABCA 176: Traffic Safety Act; Impaired Driving

Webber Academy Foundation v. Alberta (Human Rights Commission), 2023 ABCA 194: Human Rights; Constitutional ~ Counsel Comments by Melissa Luhtanen, for the Respondent, Alberta Human Rights Commission (Tribunal)

Barkwell v. McDonald, 2023 ABCA 183: Family Law; Matrimonial Property; Costs

Noskey v. Metis Settlements Appeal Tribunal, 2023 ABCA 195: Indigenous; Administrative; Estates ~ Counsel Comments by Joseph Redman, for the Respondent Metis Settlement Appeal Tribunal

Kwadrans v. Kwadrans, 2023 ABCA 203: Family Law; Arbitration; Arbitral Appeal; Originating Application; Limitations ~ Counsel Comments by Crystal Thompson, Counsel for the Respondent

Summarized Cases:

Parks v. McAvoy, 2023 ABCA 211: Contracts; Construction

Fazel v. Singer (Wilson Laycraft), 2023 ABCA 213: Taxation; Extension of Time to Appeal

Condominium Corporation No 0828219 v. Carrington Holdings Ltd., 2023 ABCA 222: Corporate; Construction

Swanby v. Tru-Square Homes Ltd., 2023 ABCA 224: Negligence; Concurrent Liability in Tort; Piercing the Corporate Veil; Construction

Esfahani v. Samimi, 2023 ABCA 220: Family; Arbitration; Civil Procedure

Summarized Cases:

Burgener v. Law Society of Alberta, 2023 ABCA 227: Delay; Procedural Fairness; Professional Regulation

Shell Canada Limited v. Alberta (Energy), 2023 ABCA 230: Judicial Review; Energy

Kantor v. Kantor, 2023 ABCA 237: Family Law; Spousal Support; Court Orders

Giles (Re), 2023 ABCA 242: Trusts; Estates ~ Counsel Comments by Tiffany Franklin, Counsel for the Respondents

Fossen v. Edmonton (Police Service), 2023 ABCA 228: Law Enforcement Review Board; Police; Administrative Law; Charter; Delay

Summarized Cases:

VLM v. Dominey Estate, 2023 ABCA 261: Class Actions

Alberta Union of Provincial Employees v. Optima Living Alberta Ltd., 2023 ABCA 273: Labour Law; Collective Bargaining; Contracting Out; Contractual Interpretation

Duri Homes Ltd v. Quest Coatings Ltd., 2023 ABCA 276: Insurance; Subrogation; Construction ~ Counsel Comments by Lenci Kadavil, Counsel for the Respondents, Sue Anbarasan and Sujatha Anbarasan

Camgill Development Corporation v. Wood Buffalo (Subdivision and Development Appeal Board), 2023 ABCA 264: Planning Law; Development Law; MGA; Statutory Interpretation

Carnahan v. Builders Capital 2019 Ltd., 2023 ABCA 270: Foreclosure

Summarized Cases:

Morad v. Iannone, 2023 ABCA 293: Family Law; Relocation; Mobility Application ~ Counsel Comments by Andy Hayher, K.C.,Counsel for the Respondent

Konkolus v. Balanko, 2023 ABCA 303: Conflicts of Interest; Wills and Estates

Pyke v. Calgary (City), 2023 ABCA 304: Motor Vehicle Accident; Statutory Interpretation ~ Counsel Comments by Jeff Watson and Colleen Sinclair, Counsel for the Appellant; Counsel Comments by David Corrigan, K.C.,& Taylor Hudson, Counsel for the Respondent

Canmore (Town of ) v. Three Sisters Mountain Village Properties Ltd., 2023 ABCA 278: Municipal; Administrative ~ Counsel Comments by Gwendolyn Stewart-Palmer, K.C.,Counsel for the Respondent, Three Sisters Mountain Village Properties Ltd.

Georgopoulos v. Alberta (Appeals Commission for Alberta Workers’ Compensation), 2023 ABCA 285: Workers’ Compensation; Judicial Review; Statutory Appeal; Procedural Fairness

Summarized Cases:

Brodylo Estate (Re), 2023 ABCA 314: Wills and Estates ~ Counsel Comments by Judd Blitt,Counsel for the Respondent

Co-Solve Solutions Inc. v. Purdy, 2023 ABCA 324: Pleadings; Application to Strike; Concurrent Liability

Alta Link Management Ltd. v. Alberta Utilities Commission, 2023 ABCA 325: Administrative; Energy

Dow Chemical Canada ULC v. Nova Chemicals Corporation, 2023 ABCA 343: Arbitration; Competence-Competence Principle

Powell Estate (Re), 2023 ABCA 311: Wills and Estates; Civil Procedure ~ Counsel Comments by Victoria Jones,Counsel for the Appellant