This paper explores the current legislation; remedies and factors for determining the appropriate remedy; inequal contribution, accounting and adjustments; partition and sale in the face of a co-ownership agreement; and partition and sale in the context of family property. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.

These materials summarize seventeen cases all dealing with unique real estate issues. Topics canvassed include conflicts between municipal bylaws and restrictive covenants; obligations for environmental remediation; discharging of restrictive covenants; attempting to challenge municipal bylaws that restrict land use; postponing a vendor’s lien caveat in favour of a mortgage; breach of contract; contract interpretation; caveat missing from Land Titles Office; compensation for adverse effects caused by power transmission lines; interpretation of “time is of the essence” clause”; representations and misrepresentations; condominium bylaws, nuisance, and oppression by a condo corporation; unjust enrichment; and more. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.