Case Law › Alberta

[1] Following a seven-year marriage, the parties divorced. They have a son who is now 11 years old. Both have remarried and both have new families. Still, they struggle over the amount of child support owing to the respondent mother who has full custody of the child.

[1] The appellant, Mr. Stanfield, applied for advice and direction on whether Mr. Moodie could act as his counsel on two appeals. In a decision published at 2019 ABCA 83, which sets out the background facts, I restrained Mr. Moodie from acting as counsel. On behalf of Mr. Stanfield, Mr. Moodie now applies for permission to appeal that order to a full panel of this Court. The respondents oppose,...

[1] This is an appeal of a seven-year sentence for extortion arising out of the appellant's escape from a correctional centre. He seeks a four-year sentence.

[1] This is a Crown appeal of a 12-year global sentence for manslaughter (s. 236(a)), intentional discharge of a firearm (s. 244.2(1)), and possession of a loaded restricted firearm (s. 95(1)). The Crown submits that the sentencing judge erred in assessing the seriousness of the offences and in failing to adequately consider a relevant aggravating factor. The Crown argues that the result of the...

[1] Following trial, Nathaniel Adam was convicted of robbery contrary to s 344(1)(b) of the Criminal Code, RSC 1985, c C-46. He appeals his sentence of 34 months of incarceration. Mr. Adam argues that the sentencing judge erred by:

[1] Nicole Shawna Erickson, the appellant, seeks to increase her retroactive child support and s. 7 expenses award.

[1] Tyrel Curtis Belcourt appeals from his convictions, after trial by judge alone, of the offences of breaking into and entering a dwelling house with the intent to commit an indictable offence, assault with a weapon (being a motor vehicle) on Richard Murray, dangerous operation of that motor vehicle, possession of a weapon (a machete) for a dangerous purpose and mischief by damage to property...

[1] Dean Richard McKnight appeals his convictions, after trial by judge alone, on counts 1, 8 and 9 of an indictment relating to his possession of a loaded handgun located on or near him at the time of his arrest as well as of another handgun and a number of rifles that were located by the police when his residence was searched pursuant to a search warrant. Counts 5 and 6 were dismissed at the...

[1] Edmonton Northlands and Tim Reid (Northlands) appeal a decision of a chambers justice dismissing their application for partial summary dismissal of claims for defamation brought by all 19 plaintiffs and a claim for constructive dismissal brought by Janet Roberts. Northlands did not apply for summary judgment of the wrongful dismissal claims brought by the plaintiffs (excluding Janet Roberts).

[1] The applicant seeks leave to appeal my decision issued orally on February 13, 2019 with written Reasons for Decision issued on May 31, 2019, Martinez v Chaffin, 2019 ABCA 216. That decision denied him an extension of time to file a notice of appeal from the decision of a Queen's Bench judge dismissing an application that service of documents to declare him a vexatious litigant was inadequate.

[1] The applicant was convicted of aggravated assault against his common-law partner and of uttering threats against her brother. He received a sentence of 12 years in jail.

[1] The applicant, Mr. Bofaya Lokuli, applies to restore his appeal that was struck on November 30, 2018. When the applicant filed his appeal, he was advised by the registrar to review the applicable deadlines and reminded that a failure to comply with those deadlines would result in the appeal being struck. He did not apply to restore his appeal until May 21, 2019 and by virtue of Rule 14.65(3)...

[1] The appellant appeals an order summarily dismissing her challenge of several documents executed by her late father, Tette Bouma, disposing of his property and an order awarding costs against her. The individual respondents are Tette's other children. Tette was a successful businessman who struggled with a long-standing alcohol problem.

[1] The applicant mother and the respondent father have been divorced since 2007 and have two children together. In October 2018, the applicant brought an application in the Court of Queen's Bench to determine the respondent's guideline income for child support obligations retroactive to January 1, 2010. In particular, the respondent operates a large farm through a corporation and the applicant...

[1] The appellant was tried and convicted by a jury of having committed robbery, unlawful confinement, aggravated assault and extortion.

[1] This is an application for permission to appeal a February 12, 2019 order of Campbell J (the February 12, 2019 Order). The applicant, Ms. Bissky, has been declared a vexatious litigant in the Court of Queen's Bench in a related proceeding: Bissky v Macleod, 2019 ABQB 127. Several orders of Rooke ACJ direct that Ms. Bissky obtain permission to appeal from this court.

[1] There are disputes between the parties arising out of the construction of the Walterdale Bridge in Edmonton. Both parties have submitted those disputes to arbitration. The present appeal concerns collateral disputes about service of legal process, and how the arbitrations should be conducted.

[1] The appellant, Mr. Martins and the respondent, Ms Ernst, were adult interdependent partners and the parents of two children. After their relationship ended, Ms Ernst brought a claim against Mr. Martins for child support, partner support, and division of property. The claim for property division proceeded by way of unjust enrichment, as the parties never married. Mr. Martins appeals only from...

[1] This is an appeal of a decision awarding substantial costs (estimated to be in the range of several hundred thousand dollars) against a lawyer personally.

[1] This a companion appeal to 1985 Sawridge Trust v Alberta (Public Trustee), 2019 ABCA 243 [Sawridge #10]. Like Sawridge #10, this appeal concerns a costs award against lawyer Priscilla Kennedy, though it stems from a different interlocutory decision of the case management judge.

[1] The City of Edmonton (the City) seeks permission to intervene in R v Sevigny, an appeal about the arrest powers of Peace Officers in Alberta.

[1] This is an appeal from the determination of the appellant's income under the Alberta Child Support Guidelines, Alta Reg 147/2005 (the “Guidelines”) for the purpose of calculating retroactive and ongoing child support.

[1] In the court below, the husband applied for exclusive possession of the matrimonial home. The wife applied for interim spousal support and a lump sum for legal costs. Both issues arise against a backdrop of a disputed pre-marriage agreement.

[1] Both parties have sought directions on how the costs of the appeal and the proceedings below should be addressed. The appeal arose out of a dispute relating to termination of the business relationship between the appellants (Genco) and the respondents (864).

[1] The appellant appeals his convictions for aggravated assault, forcible confinement and related offences. The complainant testified that the appellant showed up at her home unexpectedly, and became jealous over a perceived relationship the complainant was having with another man. The appellant took a knife from the kitchen, and stabbed her in the back and the arm: see R. v Tshuma, 2018 ABPC 123

[1] Terry Lynne Allen appeals a chambers judge's decision dismissing her application to appeal arbitration awards related to the division of matrimonial property and spousal support as being statute-barred pursuant to s 46(1) of the Alberta Arbitration Act, RSA 2000, c A-43.

[1] Mr. Matchee appeals his seven-year custodial sentence on the basis that the sentencing judge erred by not giving effect to Gladue factors. If the proper approach had been applied, he argues, an appropriate sentence would be five years' imprisonment.

[1] 9932383 Alberta Limited operating as Coach Motel (Coach Motel) has applied under r 14.47 of the Alberta Rules of Court, Alta Reg 124/2010 (Rules) for an order restoring an appeal that was initially struck for failure to file the appeal record on time and which has since been deemed abandoned.

[1] The applicant, a 34 year old citizen of Tanzania, was in Canada on a student permit that did not allow her to work. Rather than apply for a work visa, the applicant used another individual's identity (possibly with that person's consent) to mislead an employer to believe she was eligible to work in Canada. The applicant thereafter enjoyed the benefit of employment in Canada for more than 2.5...

[1] This case is the third installment before this Court of a dispute between the appellant, Ms. Fitzpatrick, and the respondent College which regulates her profession as a physical therapist. The dispute started 11 years ago. Not surprisingly, relations are strained between the parties (and their counsel) and there has been an apparent lack of either side giving the other the benefit of the...