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, 20202 min read
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, 20201 min read
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...
29 views0 comments
craigfloden
Nov 14, 20201 min read
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...
48 views0 comments
craigfloden
Nov 13, 20202 min read
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...
135 views0 comments
craigfloden
Nov 12, 20202 min read
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...
747 views0 comments
craigfloden
Nov 11, 20202 min read
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...
1,371 views0 comments
craigfloden
Nov 10, 20201 min read
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...
315 views0 comments
craigfloden
Nov 9, 20201 min read
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...
350 views0 comments
craigfloden
Nov 8, 20201 min read
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...
128 views0 comments
craigfloden
Nov 7, 20201 min read
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,...
447 views0 comments
craigfloden
Nov 6, 20201 min read
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...
395 views0 comments
craigfloden
Nov 5, 20202 min read
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...
28 views0 comments
craigfloden
Nov 4, 20201 min read
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...
907 views0 comments
craigfloden
Nov 3, 20203 min read
Covid-19 and the Constitutionality of Public Health Mobility Orders
A recent decision out of the Supreme Court of Newfoundland & Labrador looked at the issue of a public health order and whether the travel...
34 views0 comments
craigfloden
Nov 2, 20201 min read
The Basics of Wrongful Dismissal Law in Alberta
Someone asked me to write an article going back to basics and explaining Wrongful Dismissal Law in Alberta for non-unionized employees...
97 views0 comments
craigfloden
Nov 1, 20202 min read
How do you address different Levels of Court in Alberta?
Alberta has a number of levels of court, but not everyone is called "Your Honour". Whenever a layperson is appearing in front of any...
2,696 views0 comments
craigfloden
Oct 31, 20202 min read
Haunted House Law Update
In honor of Halloween, we bring you an American case from New York, Jeffrey Stambovsky v. Helen v. Ackley, 169AD2d254(1991). The court...
70 views0 comments
craigfloden
Oct 30, 20201 min read
Alberta Law: What is Defamation?
Defamation is a reputational tort. Is defined under the Defamation Act in Alberta as libel or slander. Libel is a written/published...
1,538 views1 comment
craigfloden
Oct 29, 20201 min read
Has your employer changed your job without you agreeing? You might be Constructively Dismissed
Constructive dismissal is an area that many employees and employers are not aware of. Both sides sometimes stumble into this type of...
23 views0 comments
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