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Don't Let Caveats Mislead You: The Importance of Complying with Limitation Periods in Property Claims

In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property, effectively signaling to potential buyers, creditors or other third parties that may have an interest in the property that there may be pending legal issues to consider. While caveats can provide a sense of security, it is crucial to remember that they do not suspend or alter t...
Troy Mack Justice Arcand Kootenay Michael Chow Chris Abtosway Condominium Corporation Scotia Mortgage Corpv Conejero

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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA 60. Section 218 of Albertas Environmental Protection and Enhancement Act, RSA 2000, c E-12 gives a judge discretion to extend a limitation period where the basis for the proceeding is an alleged adverse effect resulting from the alleged release of a substance into the envi...
Julia Schatz Ciara Mackey Scott Bower Laura Gill Sarah Gilbert Dayo Ogunyemi

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