Case Law › Court of Queen's Bench of Alberta

[1] The Defendant, Genesis Land Development Corp. (“Genesis”), appeals the Order of Master Robertson, Q.C., granting summary judgment in favour of the Plaintiffs, Bruce Rudichuk (“Rudichuk”) and Mark Scott (“Scott”), as against Genesis for wrongful dismissal. The Defendants have filed new evidence on the appeal, being the Affidavit of Stephen Griggs sworn September 14, 2017 (the “Griggs Affidavit”

[1] On April 12, 2019, the Court received a package of irregular materials addressed to "Everyone at: Office of the trial coordinator". These documents appeared to relate to two interconnected court files: one involving guardianship and parenting of a child, the second a restraining order.

[1] Christopher Gascon is charged with the aggravated assault of Sarah Mahfouz-Elsayed on June 30, 2015. His trial commenced on April 15, 2019. Ms. Mahfouz-Elsayed has been in a coma since at least July 2, 2015.

[1] This is an application pursuant to section 470 of the Municipal Government Act for leave to appeal a decision of the Calgary Composite Assessment Review Board (CARB).

[1] The Master determined that this Court has jurisdiction to adjudicate the issues in dispute between the parties, but that Saskatchewan is clearly the more appropriate forum to address parts of the Plaintiff's claim.

[1] On March 3, 2014 Randall Hofer filed a Notice of Intention to Make a Proposal pursuant to s. 50.4(1) of the Bankruptcy and Insolvency Act, RSC 1985 c B-3 (“BIA”). On May 29, 2014 he issued a Notice of Proposal to Creditors pursuant to s. 51 of the BIA. On June 11, 2014 the creditors rejected the Proposal and Mr. Hofer became a bankrupt by operation of law.

[1] This application is brought to dismiss the claim pursuant to rule 4.33 for delay. The dispute is over whether certain replies to undertakings given just short of three years following the initial replies to undertakings were sufficient to significantly advance the action. Undertaking responses usually do significantly advance the action: Ravvin Holdings Ltd v Ghitter, 2008 ABCA 208 at para. 24

[1] This matter comes before this Court to sentence the Accused Nelson Tony Lugela, after this Court found him guilty of second degree murder in the death of Mylan Hicks. This Court's decision is reported as R v Lugela, 2019 ABQB 128 (the “Conviction Decision”).

[1] Several third party defendants in this action applied for summary judgment dismissing the third party claims against them by the defendant Canadian Western Trust Company (“CWT”).

[1] Allen Perdomo Lopez is charged with manslaughter in the death of a five-year-old child, Emilio Perdomo in July of 2015. For convenience, I will refer to him in these reasons (as in previous decisions) as Mr. Perdomo, or the Accused.

[1] The applicants apply for an order reviving OKO Properties Ltd., one of the defendants. OKO Properties Ltd. was the general partner of OKO Limited Partnership. The plaintiffs owned units in the limited partnership, and a dispute arose. The plaintiffs also ask for an order validating service.

[1] The Applicant/Defendant Co-Operators General Insurance Company [“Co-Operators”] applies to summarily dismiss the Plaintiffs' claim pursuant to Rule 7.3 of the Alberta Rules of Court. The Plaintiffs/Respondents resist the application. The Defendant, Dennis Homeniuk Insurance & Financial Services Inc. [“DHI”] did not take part in the hearing, but did make a written submission following the...

[1] The crux of this litigation is whether the plaintiff, Chevron Canada Resources (“Chevron”), should be repaid monies which it overpaid monthly over a period of some six years, from January 1991 to August 1996; and if so, by whom should Chevron be repaid; and further if repayment is ordered, should interest be payable to Chevron, and on what basis of calculation.

[1] These are two related actions, and summary judgment applications were argued together. In one of them, Royal Bank of Canada sues Andrew E. Warionmor and Amorex Solutions Ltd. to recover on the balances owing on Visa credit card accounts and on a credit line account.

[1] This is an application by Ms. Mitchell under the Arbitration Act, RSA 2000, c A-43 (the “Act”) for judicial review of an arbitration award. The award mainly addressed division of matrimonial property (“the Property Award”).

[1] For the past several years, the Grande Prairie Courthouse has received numerous irregular documents from Ms. Bilawchuk, a resident of Penticton, British Columbia. Ms. Bilawchuk's documents resemble court filings in certain respects. Most, in substance, do not attempt to initiate proceedings, or seek that the Court hear and consider applications. Rather, they purport to dictate terms on which...

[1] The Attorney General appeals a decision of the Master in Chambers. While they were ostensibly successful in achieving an order against the respondent, they contest a portion of his ruling.

[1] Vanessa Jennifer Poucette (“the Accused”) is charged with manslaughter in relation to the death of Brennon Twoyoungmen (“Twoyoungmen”), alleged to have taken place on October 1, 2016. The Accused admits that she stabbed Twoyoungmen in the chest with a kitchen knife during the course of a domestic dispute, and that he died as a result of the stab wound. The sole issue is whether or not the...

[1] The defendants by counterclaim Brian Sander (“Sander”) and National Neon Displays Ltd. (“National Neon”) (together “Sander/Neon”) applied to dismiss the counterclaim against them, both for 3 year delay under Rule 4.33 and for prejudicial delay under Rule 4.31.

[1] This is an appeal from a decision of Master Farrington denying Curtis' and the Neustaedters' applications for summary dismissal of Canterra's action against them. The Master also denied the Neustaedters' application for summary dismissal of Curtis' Notice of Claim Against Co-Defendant.

[1] As Case Management Justice in this matter, I heard an application by the Third Parties, Nelson & Nelson and Stephen B. Nelson to strike or summarily dismiss a number of third-party claims issued against them.

[1] The plaintiff Petrogas obtained judgment against the defendant ACCEL on November 14, 2018 for approximately $230,000. This was for butane supplied to ACCEL in March of 2018 but not paid for.

[1] The defendant Harripaul Bridgelau Tulan (“Tulan”) joined with a group of investors in obtaining second mortgage financing from the plaintiff Agriculture Financial Services Corporation (“AFSC”) with respect to the Drumheller Motor Inn.

[1] In a decision reported as Lemay v Steele, 2019 ABQB 202 [Lemay #1], I reviewed three Statements of Claim filed with the Court by Jason Lemay [Mr. Lemay] on December 10, 2018, and concluded these pleadings were Apparently Vexatious Applications or Proceedings [“AVAPs”], as defined in Civil Practice Note No. 7 [CPN7]; Unrau v National Dental Examining Board, 2018 ABQB 874, 79 Alta LR (6th) 411.

[1] This matter came before me in morning chambers and consisted of two applications:

[1] Gordon Pethick successfully appealed a decision by the Hearing Panel of the Real Estate Council of Alberta (“RECA”) on the grounds that he had not received procedural fairness. He then sought costs from the Appeal Panel which had allowed his appeal. On November 14, 2018 the Appeal Panel held that it had jurisdiction to award costs to Mr. Pethick. It also held, however, that costs would only...

[1] A filmmaker making a documentary about the Calgary Police Service seeks permission to film the delivery of the verdict and reasons for judgment in this case where a Calgary police officer is charged with aggravated assault against an arrested person. The delivery of the verdict and reasons is scheduled for June 21.

[1] This decision follows two case management conferences in late March 2019. The first day focused on child custody and access issues, as well as child support issues. I gave oral reasons for my decision on those issues on March 26, 2019. On that day, I heard argument on spousal support issues and reserved my decision.

[1] Delta Hotels No 2 Holdings Ltd, now known as DHL No 2 Holdings Ltd (DHL Holdings) applies to: amend the current Amended Statement of Claim to reflect its current name; to add three companies, DHL No 2 Limited Partnership (DHL Limited Partnership), bcIMC Realty Corporation (bcIMC), and DHL Hotels Limited (DHL Hotels) as Plaintiffs; to remove all of the Defendants against whom DHL Holdings has...

[1] Doctors Rashiq and Singh bought their family home at #87 Fairway Drive in Edmonton in 2003 where they reside with their three children. They bought the home knowing the area as they previously resided down the street. As the street name suggests, the homes are close to a golf course – and #87 abuts the Defendant Derrick Golf and Winter Club's golf course at its 5th hole.