RMK v NK, 2020 ABQB 328

JudgeHonourable Madam Justice J.H. Goss
Citation2020 ABQB 328
Date21 May 2020
CourtCourt of Queen's Bench of Alberta (Canada)
Docket Number4803 174924
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5 practice notes
  • R v Campbell,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 5, 2022
    ...with the test for “capacity” under the AGTA. That is because the latter test entails, as Goss J. stated in RMK v NK, 2020 ABQB 328 at para. 128, “a hierarchy of levels of capacity, including varying levels of capacity required for different decisions, and varying degree......
  • Guardian Law Group v LS,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 28, 2021
    ...For a contract to be voided for incapacity, it must be unfair to the party lacking capacity. In RMK v NK, 2020 ABQB 328, Goss J conducted a thorough review of the jurisprudence on capacity and summarized the law as it relates to unfairness and knowledge at para Courts of equity will not int......
  • Scott v Scott,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 22, 2021
    ...authority in the absence of some indications to the contrary’: Dick v McKinnon, 2014 ONCA 784 (ONCA) at para 4”: RMK v NK, 2020 ABQB 328 at para 124. There is no evidence that Mr. Blitt ever expressed a limitation to his authority to bind the Respondent at any point during the......
  • McLeod Estate v. Cole et al., 2021 MBQB 24
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • February 3, 2021
    ...with evidence that meets the balance of probabilities standard (Hittinger v. Turgeon, 2005 ABQB 257 (CanLII), at para. 22; RMK v. NK, 2020 ABQB 328 (CanLII), at para 131).  The onus of proof is therefore on the plaintiffs to show that Bud lacked the mental capacity to sell the Land at ......
  • Request a trial to view additional results
5 cases
  • R v Campbell,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 5, 2022
    ...with the test for “capacity” under the AGTA. That is because the latter test entails, as Goss J. stated in RMK v NK, 2020 ABQB 328 at para. 128, “a hierarchy of levels of capacity, including varying levels of capacity required for different decisions, and varying degree......
  • Guardian Law Group v LS,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 28, 2021
    ...For a contract to be voided for incapacity, it must be unfair to the party lacking capacity. In RMK v NK, 2020 ABQB 328, Goss J conducted a thorough review of the jurisprudence on capacity and summarized the law as it relates to unfairness and knowledge at para Courts of equity will not int......
  • Scott v Scott,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 22, 2021
    ...authority in the absence of some indications to the contrary’: Dick v McKinnon, 2014 ONCA 784 (ONCA) at para 4”: RMK v NK, 2020 ABQB 328 at para 124. There is no evidence that Mr. Blitt ever expressed a limitation to his authority to bind the Respondent at any point during the......
  • McLeod Estate v. Cole et al., 2021 MBQB 24
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • February 3, 2021
    ...with evidence that meets the balance of probabilities standard (Hittinger v. Turgeon, 2005 ABQB 257 (CanLII), at para. 22; RMK v. NK, 2020 ABQB 328 (CanLII), at para 131).  The onus of proof is therefore on the plaintiffs to show that Bud lacked the mental capacity to sell the Land at ......
  • Request a trial to view additional results

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