Cwalina Estate v. Parkland (County), 2013 ABCA 343
(Alberta Court of Appeal)
This case deals with a sale of land for property tax
arrears. It discusses issues with notice that have potential
application to the professional regulatory context. The plaintiffs
sued Parkland County for selling land in which they had a
registered interest. The plaintiffs hadn't received
notice of the arrears and sale. The plaintiffs had corresponded
with Parkland County using their current addresses, but had stopped
updating their address with the Land Titles Office many years
prior. As a result, notices sent to the address in the records of
the Land Titles Office bounced back.
Parkland County argued that they had provided notice in
accordance with their statute, the Municipal Government
Act, which required that "notice must be sent to the
address shown in the records of the Land Titles Office." Both
the Trial Court and the Court of Appeal agreed and found for the
County. The Court
