Koziey Estate (Re), 2019 ABCA 43

JudgeFrans Slatter,Brian O'Ferrall,Frederica Schutz
Citation2019 ABCA 43
Docket Number1703-0271-AC
CourtCourt of Appeal (Alberta)
Date04 February 2019
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7 practice notes
  • Spady v Spady Estate, 2022 ABQB 591
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 31, 2022
    ...person is said to have engaged in a material unwritten communication, but the estate has no practical way to respond: Koziey Estate (Re), 2019 ABCA 43 at para 16. In this case, it is directed at the alleged Unwritten [48]           The corro......
  • Morin Estate (Re), 2020 ABQB 725
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 20, 2020
    ...over to or by a testator who appeared to understand it. …” [6] 2020 ABQB 206 at paras 85-93 [7] 2020 ABQB 614 at paras 34-38 and 40 [8] 2019 ABCA 43 at para [9] 2020 ABQB 367 at para 100 [10] 2003 ABCA 226 at para 29 [11] 2019 ABQB 144 at para 85 (citing Duncalf v Capital Health Authority, ......
  • Collins v Pearce, 2019 ABQB 868
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 13, 2019
    ...April 4th 2018. Analysis [51] As discussed in Moore, at para 112 and onwards, and more recently by the Court of Appeal in Koziey Estate, 2019 ABCA 43, adverse possession in Alberta is provided for in the Limitations Act RSA 2000, c. L-4. This Act states at s. 3(3)(f) that a claim for a reme......
  • Condominium Corporation No 022 6956 v Mercier, 2023 ABKB 125
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 3, 2023
    ...is distinguishable. [92]           Furthermore, in the case of Koziey Estate (re), 2019 ABCA 43, the Court of Appeal noted (at paragraph 19 of that decision) that in the case of Reeder v Woodward, 2016 ABCA 91 the Court had concluded “......
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5 cases
  • Spady v Spady Estate, 2022 ABQB 591
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 31, 2022
    ...person is said to have engaged in a material unwritten communication, but the estate has no practical way to respond: Koziey Estate (Re), 2019 ABCA 43 at para 16. In this case, it is directed at the alleged Unwritten [48]           The corro......
  • Morin Estate (Re), 2020 ABQB 725
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 20, 2020
    ...over to or by a testator who appeared to understand it. …” [6] 2020 ABQB 206 at paras 85-93 [7] 2020 ABQB 614 at paras 34-38 and 40 [8] 2019 ABCA 43 at para [9] 2020 ABQB 367 at para 100 [10] 2003 ABCA 226 at para 29 [11] 2019 ABQB 144 at para 85 (citing Duncalf v Capital Health Authority, ......
  • Collins v Pearce, 2019 ABQB 868
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 13, 2019
    ...April 4th 2018. Analysis [51] As discussed in Moore, at para 112 and onwards, and more recently by the Court of Appeal in Koziey Estate, 2019 ABCA 43, adverse possession in Alberta is provided for in the Limitations Act RSA 2000, c. L-4. This Act states at s. 3(3)(f) that a claim for a reme......
  • Condominium Corporation No 022 6956 v Mercier, 2023 ABKB 125
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 3, 2023
    ...is distinguishable. [92]           Furthermore, in the case of Koziey Estate (re), 2019 ABCA 43, the Court of Appeal noted (at paragraph 19 of that decision) that in the case of Reeder v Woodward, 2016 ABCA 91 the Court had concluded “......
  • Request a trial to view additional results
2 firm's commentaries
  • “No good deed goes unpunished” - Case comment – Re Koziey Estate, 2019 ABCA 43
    • Canada
    • JD Supra Canada
    • July 23, 2019
    ...recent decision Re Koziey Estate (2019 ABCA 43) the Alberta Court of Appeal confirmed that adverse possession is still alive and well in Alberta. This could have ramifications for property owners that allow neighbours to use portions of their land for ingress and egress or for other Taylor ......
  • 'No Good Deed Goes Unpunished' - Case Comment – Re Koziey Estate, 2019 ABCA 43
    • Canada
    • Mondaq Canada
    • July 29, 2019
    ...the recent decision Re Koziey Estate (2019 ABCA 43) the Alberta Court of Appeal confirmed that adverse possession is still alive and well in Alberta. This could have ramifications for property owners that allow neighbours to use portions of their land for ingress and egress or for other Tay......

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