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ARTICLE · 22 AUGUST 2019

Agricultural Law NetLetter - Wednesday, August 7, 2019 - Issue 424

Miller Thomson
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Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

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A twice-monthly current awareness service reviewing recent cases on land use, marketing boards, environmental issues, creditor rights, animals, grain, import/export and other matters in an agricultural context.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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HIGHLIGHTS

  • A justice of the Court of Queen's Bench of Alberta has granted specific performance by ordering the transfer of farm land in accordance with the terms of an Option to Purchase. The court reviews Alberta law with respect to the exercise of options to purchase. Specific performance rather than damages was awarded, as damages were held to be an inadequate remedy due to the plaintiff's personal connection with the farm land. The land had special meaning to the Plaintiff because it had been her parents' historical home quarter when they immigrated to Canada. (Morrison v. Daus Estate, CALN/2019-015, [2019] A.J. No. 814, Alberta Court of Queen's Bench)

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