This year, there are many celebrations for Canada’s 150th birthday. What we are really commemorating is the British North America Act 1867 (BNA Act 1867) which established our country’s Constitution. The BNA Act 1867 has since been renamed the Constitution Act 1982 after the repatriation of our … [Read more...]
Real property; GST and Rebates
Sales of used residential complexes are generally exempt from GST/HST however; the GST/HST applies on sales of new residential properties. The New Housing Rebate and New Residential Rental Property Rebate permit recovery of a portion of the GST/HST that is paid on a newly constructed or … [Read more...]
Money for Nothing: International Longshore v. Ford
Introduction Recently, the Government of Alberta clawed back money it had paid to individuals on the basis of mistake. The government determined that these individuals had been ineligible to receive the money. This story attracted attention because the government was demanding the return of money … [Read more...]
Whatchu doing with our Rights, Virgin Radio?
How a Toronto-based radio station makes light of the presumption of innocence, every week.One of the cornerstones of our justice system is the presumption of innocence. It’s a constitutionally protected right that is supposed to guarantee an individual all the blessings and grandeur of ‘innocent … [Read more...]
The Statute of Westminster: A Stepping Stone towards Canadian Independence
British imperial history is replete with examples of declarations of independence, often accompanied by violent uprisings or civil conflict. One of the fundamental documents of Canadian independence was also a declaration, albeit of a different character and issued under very different … [Read more...]
The Rule of Law: Two Notable Supreme Court Decisions to Celebrate
The concept of the rule of law and the need to strictly comply with it is often presented with a flourish in legal and political debates. Canadians know that the rule of law is manifestly a good thing. We might, though, have some difficulty pinning it down. Surely, the growing recognition that … [Read more...]
The Evolution of Five Legal Doctrines in the Supreme Court of Canada
IntroductionLegislation is enacted, amended and repealed over time in response to improvements and changes in social currents. The common law also evolves in the same way as judges pronounce, tweak and elaborate and then occasionally over-rule their previous legal doctrines. A recent search … [Read more...]
Punitive Damages and the Residential Tenancies Act
Case Commented On:Wilderdijk-Streutker v Zhao, 2017 ABPC 24 (CanLII) Punitive damages are rarely awarded in residential tenancy disputes, but Wilderdijk-Streutker v Zhao is one of those rare cases. And although an award of punitive damages is very fact-dependent, there are some principles and rules … [Read more...]
Gimme Shelter: Housing Law in Canada
Like most areas of law, the legislation pertaining to real estate and the various forms of residency people experience has slowly evolved as society changes. Once, most people either owned a home or rented and the laws relating to each were relatively simple. Over time, however, the recognition of … [Read more...]
New Project Improves Access to Justice, Affordability of Lawyers in Alberta
Innovative project to produce first research on impact of limited scope legal services. http://albertalegalservices.com/ Rob Harvie QC and John-Paul Boyd, Executive Director of the Canadian Research Institute for Law and the Family, today announced the launch of the Alberta Limited … [Read more...]
