Category Archives: Uncategorized

Are Residential Tenancy Agreements Binding Contracts Before the Tenancies Commence? A Case Comment on Adam v HomeEd

By: Ryan Magh and Sarah Eadie Tenancies of residential premises are governed by the provisions of the Residential Tenancies Act[1] (“RTA”). In Alberta, landlords and tenants often assume that those provisions do not fully govern their relationship until the tenant … Continue reading

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Proposed Amendments to the 34 year-old Federal Divorce Act Receive Stamp of Approval in the House of Commons 

On February 6, 2019, the House of Commons completed its third reading of and passed Bill C-78. The focus of the Bill is to protect families and children from negative outcomes resulting from divorce and separation. Bill C-78 proposes amendments … Continue reading

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Polyamorous Relationships: Judicial Recognition of More Than Two Parents

In a recent Newfoundland and Labrador Supreme Court case known as CC (Re)[1], two male partners applied for a declaratory order of parentage of the newborn child of their female partner. The three adults were all in a polyamorous relationship … Continue reading

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Legal Aid: A View from Ontario

In this blogpost, I will outline the key features of the legal aid system in Ontario. I will also talk about how the network of legal clinics operates and what aspects are relevant for the delivery of legal aid in … Continue reading

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Repost from ABlawg: “The Increase of Self-Represented and Vexatious Litigants”

This post is an introduction to Jonnette Watson Hamilton’s article “The Increase of Self-Represented and Vexatious Litigants” published on ABlawg: http://ablawg.ca/wp-content/uploads/2018/09/Blog_JWH_ATB_v_Hawrysh_Sept_2018.pdf Hamilton’s article describes the new approach Alberta courts have adopted in regards to court access restrictions. Courts no longer … Continue reading

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Economic Evictions in a Residential Tenancy

Economic Evictions in a Residential Tenancy Case commented on: Oneka Land Company Ltd v Mouyadine Nur, RTDRS Case No. E-18-61728, September 17, 2018, unreported (“Oneka”) The 2014 Court of Queen’s Bench Master’s decision Milner’s Aloha Mobile Home Park (1998) Ltd … Continue reading

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Access to Justice Week Comes to Alberta

Planning is underway to hold Alberta’s first ever Access to Justice week from September 29 – October 5, 2019. Alberta will be joining Ontario, Saskatchewan and British Columbia, who each have a week in October dedicated to Access to Justice. The Access to Justice Committee of the … Continue reading

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What Constitutes Assault in Residential Tenancy Law?

The Alberta Residential Tenancies Act (RTA)[1] allows landlords to evict tenants who assault or threaten to assault their landlord or other tenants. But what constitutes assault for the purpose of the RTA? Is it the same as the test for … Continue reading

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Can a Landlord Charge a Tenant Late Fees?

Many residential leases purport to require tenants to pay their landlords late fees if they pay their rent late. Many tenants pay those fees without challenging them, and the question arises: are these fees enforceable? Short Answer: A late fee … Continue reading

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Door-to-Door Deception

As of January 2017, section 9.1(1) of the Direct Selling Business Licensing Regulation has made it a prohibited practice to sell furnaces, air conditioners, water heaters, windows and energy audits door to door.[1] This regulation does not retroactively apply to … Continue reading

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