A case addressing the priority of mortgage lenders and creditors in bankruptcy proceedings came before Alberta’s Court of Appeal last year in a decision released in late December of 2021. The contesting parties were a mortgage lender and a trustee/receiver in bankruptcy. The case is Crossroads-DMD Mortgage Investment Corporation v MNP Ltd. 2021 ABCA 417, […]

Government departments and public authorities have a legal right to take land for public works like a hydroelectric dam, bridge, or highway. The process for doing so, which include giving prior sufficient notice to affected landowners, providing a hearing for affected landowners, and paying fair market compensation for expropriated lands, are set out in the […]

There is no right to absolute ownership of real property. Governments and government agencies retain the right under law to take land or a portion of land for works that are in the public interest; for example, construction of a hydroelectric dam, laying a major highway, building a bridge, or widening an existing highway, or […]

Gender-based violence, persecution and harassment is all-too-common for many women and girls around the world. Abuse manifests in many forms. It could be at the hands of agents of the state. It could be at the hands of religious authorities. It could be at the hands of spouses, boyfriends, relatives, friends, or total strangers. Whatever […]

Spousal sponsorships make up a considerable number of applications that Immigration, Refugees and Citizenship Canada (IRCC) process in any given year. So, a recent announcement that the IRCC has returned to a 12-month processing standard for new applicants comes as welcome news. This service standard is to be the same whether the spouses are applying […]

Most terms or phrases of legal significance are defined in statutes and their complementary regulations. However, when they are not, we must look to the courts for guidance. This is as true for Canadian immigration law as in other areas of law. A common matter to come before immigration officials in Canada and in Canadian […]

The nature, degree of intimacy, and characteristics of couples’ relationships come under scrutiny in hearings before Canada’s Immigration Tribunals and Federal Courts in spousal sponsorship and Permanent Residency applications. And well they should. What can be at stake are matters like whether a spouse can be deported pursuant to a Departure Order or whether a […]

As Calgarians leave behind the restrictions of the COVID years, growing numbers face challenges in housing. Homeowners and renters alike face soaring heating and electricity costs that in many cases have doubled since December of 2021. One of the ways that some homeowners were choosing to defray the cost of homeownership even prior to the […]

Employment and human rights law routinely deal with issues of discrimination based on characteristics like gender, ethnic origin, sexual orientation, or disabilities. However, many people may not be aware that our laws also recognize that an addiction to substances like alcohol or narcotics may also constitute a disability. An employer may be held liable under […]

A decision of Alberta’s Court of Queen’s Bench in late 2021 addressed whether a construction holdback could be matrimonial property, irrespective of the fact that under typical construction circumstances, it would not . The facts in Carvalho v Carvalho, 2021 ABQB 933 https://canlii.ca/t/jkgdv are straightforward. Tanya and Belarmino Carvalho were a married couple that owned […]