calgarylawyer.blogspot.com
Calgary Lawyer: When Is a Settlement Not a Settlement?
http://calgarylawyer.blogspot.com/2013/10/when-is-settlement-not-settlement.html
Tuesday, 1 October 2013. When Is a Settlement Not a Settlement? The Alberta Court of Appeal. Settlement agreements often contemplate formal documentation that is to be prepared and executed later, most commonly a release "in a form satisfactory to counsel". What happens if the form of the release proposed by one party's lawyer is not acceptable to counsel for the opposing party? That was the issue in. Tessier v. City of Edmonton. A recent decision of the Alberta Court of Appeal. Decision of the Board.
calgarylawyer.blogspot.com
Calgary Lawyer: No Juries For Insurance Misrepresentation Cases
http://calgarylawyer.blogspot.com/2013/09/no-juries-for-insurance.html
Tuesday, 10 September 2013. No Juries For Insurance Misrepresentation Cases. Does trial by jury lead to chaos in the courtroom? In a decision released Friday, the Alberta Court of Appeal denied the plaintiff's application for a jury trial in a life insurance claim: Coulter v. Co-operators Life Insurance Company. The Alberta statutory provisions are derived from uniform life insurance legislation, and similar provisions are in effect in all the common law provinces and territories of Canada. When the bene...
calgarylawyer.blogspot.com
Calgary Lawyer: December 2014
http://calgarylawyer.blogspot.com/2014_12_01_archive.html
Friday, 5 December 2014. New Condo Law Passes First Reading. Will the new Bill provide a solid foundation for condo owners' rights? The Condominium Property Amendment Act. In May of this year, the government introduced a bill to improve the protections provided to condo owners under the Condominium Property Act. Which passed first reading on December 1. Stephen Khan, the new Minister responsible for the Bill, has expressed the hope that the Bill will pass in the current sitting. The amendments would impr...
calgarylawyer.blogspot.com
Calgary Lawyer: Condo Corp Ordered to Investigate Suspected Construction Deficiencies
http://calgarylawyer.blogspot.com/2014/01/condo-corp-ordered-to-investigate.html
Wednesday, 22 January 2014. Condo Corp Ordered to Investigate Suspected Construction Deficiencies. The Condominium Corporation is responsible for the control and management of the common areas of the building, and has an obligation to keep the common property in a state of good repair: Condominium Property Act, s. 37. The Master issued a broad order requiring the Corporation to open and inspect the second bulkhead to confirm that there was adequate fire separation meeting all Building Code requirements&#...
calgarylawyer.blogspot.com
Calgary Lawyer: November 2013
http://calgarylawyer.blogspot.com/2013_11_01_archive.html
Friday, 1 November 2013. Would You Insure This House? Unfit for Human Occupation. What happens if the inspector is in a position to note a condition about the building that is material to the risk, but that the insured has not disclosed to the insurance company? The insured could argue that the insurance company had knowledge of the state of the building, so the statutory condition doesn't apply. The same argument might be raised in the face of a misrepresentation defence. The fact that the insurance com...
calgarylawyer.blogspot.com
Calgary Lawyer: January 2014
http://calgarylawyer.blogspot.com/2014_01_01_archive.html
Wednesday, 22 January 2014. Condo Corp Ordered to Investigate Suspected Construction Deficiencies. The Condominium Corporation is responsible for the control and management of the common areas of the building, and has an obligation to keep the common property in a state of good repair: Condominium Property Act, s. 37. The Master issued a broad order requiring the Corporation to open and inspect the second bulkhead to confirm that there was adequate fire separation meeting all Building Code requirements&#...
calgarylawyer.blogspot.com
Calgary Lawyer: October 2013
http://calgarylawyer.blogspot.com/2013_10_01_archive.html
Tuesday, 29 October 2013. Alberta Court Upholds Land Titles System. Homestead Record, Alberta Archives. The court concluded that the Bank's registered mortgage had priority over the unregistered equitable interest claimed by the builder based on unjust enrichment:. Bank of Montreal v. 1323606 Alberta Ltd.,. Law of Property Act,. RSA 2000, c. L-7. Which creates a statutory lien in favour of someone who has made a lasting improvement to land in the belief that he owned it. Land Titles Act,. The judge ackno...
calgarylawyer.blogspot.com
Calgary Lawyer: Insurance Agents Can't Compete Against Former Brokerage
http://calgarylawyer.blogspot.com/2014/06/insurance-agents-cant-compete-against.html
Wednesday, 25 June 2014. Insurance Agents Can't Compete Against Former Brokerage. In Renfrew Insurance Ltd. v. Cortese,. The Alberta Court of Appeal upheld an interlocutory injunction that prevented two insurance agents from soliciting customers and employees from their former employer. Enforceability of Non-Competition Agreements. In the Renfrew Insurance. Case, insurance agents Cortese and Reed each signed a Unanimous Shareholder Agreement (the "USA") in order to become part owners in the broker, Renfr...
calgarylawyer.blogspot.com
Calgary Lawyer: New Condo Law Passes First Reading
http://calgarylawyer.blogspot.com/2014/12/new-condo-law-passes-first-reading.html
Friday, 5 December 2014. New Condo Law Passes First Reading. Will the new Bill provide a solid foundation for condo owners' rights? The Condominium Property Amendment Act. In May of this year, the government introduced a bill to improve the protections provided to condo owners under the Condominium Property Act. Which passed first reading on December 1. Stephen Khan, the new Minister responsible for the Bill, has expressed the hope that the Bill will pass in the current sitting. The amendments would impr...