Life leases in Alberta: Magic, mystery or an interest in real property?
There has been a lot of interest of late in the concept of life leases, but what is a “life lease” exactly and what are your rights as a life leaseholder? Life leases are typically explained as an arrangement that […]
The risks of failing to document memories and diligently progress an action
Introduction and overview Rule 4.31(1)(a) of the Alberta Rules of Court, Alta Reg 124/2010 (the “Rules”) provides that if “delay” has occurred in an action, the Court may dismiss all or any part of a claim if the Court determines […]
Maintaining a legally unenforceable caveat on title to a condominium unit: Should this be permitted?
In the recent Alberta Court of King’s Bench decision The Owners: Condominium Plan No. 9311533 v Shui Ming Tong Foundation, the Applications Judge was asked to determine two questions: Whether a unit owner is entitled, by operation of the Limitations […]
Can condominium developers be liable in tort for construction deficiencies?
On May 25, 2022, the Alberta Court of Appeal released its decision for Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 ABCA 193 (“JV Somerset”). Roberto Noce, Q.C. and Michael Gibson of Miller Thomson LLP acted […]
What damages can you lien for? PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc), 2021 ABQB 889
The decision of the Alberta Court of Queen’s Bench in PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc)[1] considers whether the lien fund or the value of a builders’ lien under the Alberta Builders’ Lien Act, […]
Zerbin v Vrbanek, 2021 ABCA 317: The Alberta Court kicks back at a contractor taking kickbacks
In the Alberta Court of Appeal decision, Zerbin v Vrbanek, 2021 ABCA 317 (“Zerbin”), and the preceding trial decision (Zerbin v Vrbanek, 2020 ABQB 797), the Alberta Courts assessed damages against a general contractor who was bleeding the owners on […]
Potential Timelines for Implementation of Bill 37, the Builders’ Lien (Prompt Payment) Amendment Act, 2020
Bill 37, the Builders’ Lien (Prompt Payment) Amendment Act, 2020, received royal assent on December 9, 2020 and will come into force on proclamation. The original timeline for proclamation was the summer of 2021; however, the season came and went […]
