OMURA LAW BLOG

Whether funds provided from parents to separating children are held to be a gift or a loan is a factual exercise. Where there is a lack of evidence of intention at the time of the disposition, the court should be cautious of relying on after-the-fact evidence of the parties' intentions particularly in family law matters. For a preliminary discussion, see the discussion Gift or Loan from Parents to Separating Children.

Gift or Loan from Parents to Separating Children

In the most recent case interpreting s. 218 of the Environmental Protection and Enhancement Act, the Court found, on a summary dismissal application, that the duly diligent purchaser had no remedy against the solvent, possible polluter because of the prejudice from the passage of time. The Court appears to have misinterpreted "adverse effect" for "substance release". For the full commentary see here. See further commentary by the Canadian Underwriter here and the Insurance Institute of Canada

It's not Dead, it's Resting

In Director (EAP) v Handel Transport, 2017 ABQB 3, the Court of Queen's Bench held that a Provincial Court Judge did not have the jurisdiction to order mediation of a dispute between the Director and a landowner, or responsible person, under an access application for the following reasons: 1) the Provincial Court of Alberta does not have inherent jurisdiction; 2) the Environmental Protection and Enhancement Act delegates to the Director the exclusive jurisdiction to determine the remediation

A Provincial Court May Not Re-visit the Merits of a Remediation Order