Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35
| Judge | Jack Watson,Frans Slatter,Thomas W. Wakeling |
| Citation | 2019 ABCA 35 |
| Docket Number | 1703-0111-AC |
| Court | Court of Appeal (Alberta) |
| Date | 06 February 2019 |
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14 practice notes
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
...liable for the plaintiff's injuries. This appeal and the companion appeal in Brookfield Residential (Alberta) LP v Imperial Oil Limited, 2019 ABCA 35 were set down to settle the [13] What is the source of this jurisprudential divergence? The short answer is that there has been a paradigm sh......
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In Summary: It's Still A Balance Of Probabilities
...of 5 judges convened to hear two summary judgment appeals, Weir-Jones and Brookfield Residential (Alberta) LP v. Imperial Oil Limited, 2019 ABCA 35. It was anticipated that this decision would provide clarification on the test for summary judgment in Alberta in light of numerous contradicto......
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United Inc v Canadian National Railway Company, 2020 ABQB 413
...applications for an extension under s 218 of the EPEA: Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 [Brookfield]. The Court ruled that such applications should be decided prior to trial. [25] United then sought permission from this Court to ......
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Alberta Court Of Appeal Sets The Guideline For Extending Limitation Period For Environmental Claims Under The Environmental Protection And Enhancement Act
...Introduction Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 ("Brookfield"), the Alberta Court of Appeal unanimously confirmed the Court of Queen's Bench treatment of the test that applies when an application is made to extend a limitation peri......
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6 cases
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
...liable for the plaintiff's injuries. This appeal and the companion appeal in Brookfield Residential (Alberta) LP v Imperial Oil Limited, 2019 ABCA 35 were set down to settle the [13] What is the source of this jurisprudential divergence? The short answer is that there has been a paradigm sh......
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United Inc v Canadian National Railway Company, 2020 ABQB 413
...applications for an extension under s 218 of the EPEA: Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 [Brookfield]. The Court ruled that such applications should be decided prior to trial. [25] United then sought permission from this Court to ......
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Ardmore Properties Inc. v Sturgeon School Division No. 24,
...the Lands. As stated by the Alberta Court of Appeal in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 at para. ...while the damage to the land is continuous, that does not mean that there is a continuous breach of duty that would start the lim......
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von der Ohe v Porsche Cars Canada Ltd, 2019 ABPC 46
...are to that in force in December, 2018. [13] See also Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 [14] Affirmed McEvoy v. Capital Motors Ltd., 1992 CanLII 1079 (BCCA) [15] Emphasis added [16] In Hutton, the plaintiff did not buy the impugne......
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8 firm's commentaries
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In Summary: It's Still A Balance Of Probabilities
...of 5 judges convened to hear two summary judgment appeals, Weir-Jones and Brookfield Residential (Alberta) LP v. Imperial Oil Limited, 2019 ABCA 35. It was anticipated that this decision would provide clarification on the test for summary judgment in Alberta in light of numerous contradicto......
-
Alberta Court Of Appeal Sets The Guideline For Extending Limitation Period For Environmental Claims Under The Environmental Protection And Enhancement Act
...Introduction Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 ("Brookfield"), the Alberta Court of Appeal unanimously confirmed the Court of Queen's Bench treatment of the test that applies when an application is made to extend a limitation peri......
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Case Law Update: Alberta Court Of Appeal Confirms That A Plaintiff May Lose The Right To Sue For Historic Contamination Because Of The Passage Of Time And Procedural Requirements
...evidence the parties will put before the Court. Footnotes 1 Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Ltd, 2019 ABCA 35 [Brookfield 2 Limitations Act, RSA 2000, c L-12, s 3(1). 3 Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Ltd, 201......
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Alberta Court Declines To Extend Limitation Period For Contamination Claim
...other criteria the court considers to be relevant." In Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 [Brookfield], a unanimous Court of Appeal provided guidance on how far a court may extend the limitation period in the context of contaminati......
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