Liability of Vendors For Latent Defects in Real Estate Transactions in Alberta
What is the liability for a vendor for latent defects in the property? As a general rule the common law rule of Caveat Emptor (Buyer...
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craigfloden
- Nov 22, 2020
- 1 min
Legal Liability of Home Inspectors in Alberta
As a follow up to the article yesterday on the legal liability of Real Estate agents (which you can read here:...
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craigfloden
- Nov 21, 2020
- 3 min
Legal Duties of Real Estate Agents in Alberta
Have you every wondered what legal duties real estate agents owe? The Honourable Madam JusticeM.H. Hollins looked at this issue in Rath...
368 views0 comments
craigfloden
- Nov 20, 2020
- 2 min
Alberta law: Discoverability
Limitations law can be complex. The principal of discoverability says you should bring a lawsuit within a certain time after you know or...
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craigfloden
- Nov 19, 2020
- 1 min
Alberta Law: Video Questionings
In the recent case of Mostafa Altalibi Professional Corporation v Lorne S. Kamelchuk Professional Corporation, 2020 ABQB 673, Master...
14 views0 comments
craigfloden
- Nov 18, 2020
- 2 min
Litigation Funding in Alberta
In the case of 9354-9186 Québec inc. v. Callidus Capital Corp., 2020 SCC 10 the Supreme Court of Canada looked at the issue of litigation...
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craigfloden
- Nov 17, 2020
- 1 min
The Anti-Deprivation Rule
It is not uncommon to see provisions in contracts which say that if one of the parties declares bankruptcy then the other party suffers...
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craigfloden
- Nov 16, 2020
- 2 min
Involuntary Corporate Name Changes
Under section 13 of the Alberta business corporations act, and under section 4(5)(a) and 4(5)(b) of the regulations, it is possible for...
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craigfloden
- Nov 15, 2020
- 1 min
The Law of Private Nuisance
Private Nuisance protects people's use and enjoyment of their lands. It is often used to deal with noise, smells, fumes, dust, smoke...
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craigfloden
- Nov 14, 2020
- 1 min
Breach of Fiduciary Duty
A fiduciary relationship exists when one party places power, and trust in another. As the Alberta Court of Appeal said in the case of...
37 views0 comments
craigfloden
- Nov 13, 2020
- 2 min
Alberta Dower Act Case: Fraudulent Mortgages
A recent case from the Alberta Court of Appeal considered the Dower Act and a fraudulently obtained mortgage. The Dower Act is designed...
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craigfloden
- Nov 12, 2020
- 2 min
Alberta Law: Waivers
Most people have signed waivers at gyms, sporting events, ski-hills and other events and never thought twice about them. However, there...
149 views0 comments
craigfloden
- Nov 11, 2020
- 2 min
Alberta Law: Dog Bites, Scienter and Negligence
Ever wonder what the law is related to dog bites? There are two ways a dog (or any animal) owner can be liable. For dogs the test is set...
379 views0 comments
craigfloden
- Nov 10, 2020
- 1 min
Alberta Law: Conversion
Conversion is essentially a tort aimed at theft of personal property. It is defined in the case 916470 Alberta Ltd. v. Standard Life...
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craigfloden
- Nov 9, 2020
- 1 min
Alberta Law: False Imprisonment
False Imprisonment is a direct, intentional imprisonment of another person. The law requires there to be a complete restriction on the...
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craigfloden
- Nov 8, 2020
- 1 min
Alberta Law: Wrongful Interference with Economic Relations
We are writing about a tort that can be fairly useful in a commercial law context. Wrongful Interference with Economic Relations was...
37 views0 comments
craigfloden
- Nov 7, 2020
- 1 min
Alberta Law: Abuse of Process
Continuing on the theme of torts, today we are going to talk about Abuse of Process. This is different from abuse of process in general,...
38 views0 comments
craigfloden
- Nov 7, 2020
- 1 min
Alberta Law: Intimidation
One of the many torts is the tort of intimidation. Intimidation is when a party suffers a loss because of threat. There are two basic...
132 views0 comments
craigfloden
- Nov 5, 2020
- 2 min
Covid 19 and Escaping Contracts Using Frustration of the Contract
We wanted to address an argument related to frustration of the contract and look at its likelihood of success in a broader commercial...
22 views0 comments
craigfloden
- Nov 4, 2020
- 1 min
Alberta Law: Assault and Battery
Most people know of assault in a Criminal Code context, which is applying force intentionally to someone, among other definitions. Most...
403 views0 comments