36301   Heritage Capital Corporation v. Equitable Trust Company, Lougheed Block Inc., Neil John Richardson, Hugh Daryl Richardson, Heritage Property Corporation, 604-1st Street S.W. Inc. and Krayzel Corp.

Municipal law – Historical resource designation – Personal property security

In July 2004, the City of Calgary adopted a by-law designating the Lougheed Block, an older building of historical interest in downtown Calgary, as a municipal historical resource. The owner of the building entered into an agreement with the City setting out the parameters for rehabilitation work and providing for compensation from the City in the form of yearly payments over 15 years. The agreement was registered on title by caveat, which referred to the agreement and attached a copy of it. In 2010, the Lougheed Block was sold through judicial sale, the owner having defaulted on loan payments. In the course of the closing of the transaction, a dispute arose in respect of the payments from the City under the agreement. The owner applied to a Master in Chambers for a declaration to the effect that its right to the City’s payments was not included in the sale of the Lougheed Block to the purchaser. The 
Court of Queen’s Bench of Alberta allowed the application and granted the declaration. The Court of Appeal allowed the appeal and ordered that 604-1st Street S.W. Inc. is entitled to any payments due under the Incentive Agreement from and after the date of the sale to it of the Lougheed Block

36354   Joseph Wilson v. Atomic Energy of Canada Limited

Employment law — Unjust dismissal — Standard of review

Atomic Energy of Canada Limited dismissed Mr. Wilson without cause and paid him severance pay. He complained under s. 240 of the Canada Labour Code, R.S.C. 1985, c. L-2 that he was “unjustly dismissed.” The labour adjudicator accepted Mr. Wilson’s submission and concluded the applicant, dismissed without cause, had made out his complaint of unjust dismissal under the Code. The Federal Court allowed the application for judicial review and remitted the matter back to the adjudicator for decision. The Federal Court of Appeal dismissed the appeal.