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24778 results for Canadian Caselaw › Court of Queen's Bench of Alberta

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  • Manitok Energy Inc (Re), 2019 ABQB 520

    [1] This application involves a receivership that has been ongoing for 17 months. It commenced before the Supreme Court decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC5 (“Redwater”), when the law in Alberta was that the Alberta Energy Regulator (AER)'s orders with respect to end-of-life obligation were characterized as claims ranking with the claims of other unsecured debtors.

  • Calgary Fleet Maintenance Ltd v 1330425 Alberta Ltd, 2019 ABQB 518

    [1] This is a commercial landlord and tenant dispute. Both the landlord and tenant are privately-held corporations, and each of them appear to be operated by one person. I will refer to the landlord and the tenant as if they were individuals, for simplicity.

  • Royal Bank of Canada v Independent Electric and Controls Ltd, 2019 ABQB 513

    [1] Wesco Distribution Canada LP (Wesco) and ECS Electric Cable Supply Ltd. (ECS) each bring applications seeking to have two builders' liens reinstated after they were discharged from the Certificates of Title against which they had been registered.

  • R v Guenther, 2019 ABQB 465

    [1] Ms. Terrell Guenther (Ms. Guenther) and Mr. Mohamed Gameel Mohamed (Mr. Mohamed) are each charged with possession of cocaine for the purpose of trafficking, possession of fentanyl for the purpose of trafficking, possession of heroin for the purpose of trafficking and possession of currency under $5,000, knowing that all or part of it was obtained as a result of commission of trafficking.

  • Lafferty v Co-Operators General Insurance Co., 2019 ABQB 515

    [1] The plaintiffs owned a house in Calgary. It was damaged by tenants who used it for an illegal cannabis grow op. The plaintiffs were unaware of the grow op.

  • KNH v JPB, 2019 ABQB 511

    [1] KNH (the mother) applies for retroactive and ongoing child support for two adult children pursuing post-secondary studies or training. JPB (the father) opposes on the bases that the one child (a son) has no need of support (in light of RESP funds, scholarships, student-loan possibilities, and potential earnings) and that the other (a daughter) is pursuing training (non-academic ballet)...

  • Orbis Engineering Field Services v Taifa Engineering Ltd, 2019 ABQB 510

    [1] I heard this application on June 25, 2019 and delivered Oral Reasons for Decision on June 28, 2019. These reasons are an almost verbatim reproduction of the oral version. I have done some formatting and added a couple of transitional or explanatory sentences to enable better comprehension for readers who are not personally familiar with the case. I have otherwise not added to the substance of

  • Stevens v Ithaca Energy Inc, 2019 ABQB 474

    [1] David Stevens purchased shares in Ithaca Energy Inc. (“Ithaca”) in late 2014. Until 2017, Ithaca was a publicly traded company under the regulatory jurisdiction of the Alberta Securities Commission. As such it was required to provide continuous disclosure to the investing public regarding its operations.

  • Lukaszuk v Landrex Developers Inc, 2019 ABQB 410

    [1] A group of upslope homeowners sued a number of parties, including the perceived developer (Landrex Developers Inc) of an adjoining downslope neighbourhood, for subsidence damage allegedly caused to their properties by (among other things) subpar drainage work in the downslope area. It turned out that another entity was the developer (Landrex Oakmont Inc). The homeowners applied to Master...

  • Simmie v JRJ Concrete Ltd, 2019 ABQB 409

    [1] The Applicants Eleanor Simmie (“Ms. Simmie”) and Ja-Neen Janela (“Ja-Neen”) claim they loaned money to the Respondent JRJ Concrete Ltd. (“JRJ Concrete” or “the company”) at the request of the President of the company, Carlos Janela (“Carlos”). At the time the loans were made, Carlos was married to Ja-Neen and Ms. Simmie was his mother-in-law. The only condition of the loan was future...

  • McKay v Eriksson, 2019 ABQB 408

    [1] The plaintiff Mr. McKay was injured during an arrest by the defendant police officers. This occurred on June 7, 2004, almost 15 years ago. He sues for assault, asserting that the defendants used excessive force.

  • Obsidian Energy Partnership v Grizzly Resources Ltd, 2019 ABQB 406

    [1] The defendant Grizzly Resources Ltd. (“Grizzly”) purchased oil and gas interests from the plaintiff Obsidian Energy Partnership (“Obsidian”, formerly named Penn West Petroleum).

  • Falgui v Solomon College Ltd, 2019 ABQB 404

    [1] Some but not all of the Defendants applied under Rule 3.68(2)(b) of the Alberta Rules of Court to strike out all or parts of the 4th Amended Statement of Claim on the basis that the pleading did not disclose a reasonable cause of action. The motion was argued before me on December 12, 2018, following which I gave an interim ruling allowing, in part, the application and striking out some of...

  • Warren v Cowling, 2019 ABQB 403

    [1] These matters originally came before the Court when the Plaintiff filed and served an application on September 29th, 2017, asking the Court to waive the requirement of a dispute resolution process so that the matter could be set for trial (the “Original Application”). The Original Application was to be heard on October 4, 2017, and indicated that this was necessary to avoid the expiration of...

  • Kadco Construction Inc v ICI Development GP Ltd, 2019 ABQB 402

    [1] On April 5, 2019, I allowed Sterling Bridge Mortgage Corp.'s (“Sterling”) appeal of a Master's decision issued on September 10, 2018. The Master dismissed Sterling's application for summary dismissal of the Statement of Claim filed by Kadco Construction Inc. (“Kadco”), Robert Kadman and Herve Collet (the “Plaintiffs”).

  • AE v Alberta (Child Welfare), 2019 ABQB 401

    [1] The Plaintiffs have applied to restore an appeal originally filed on November 7, 2016 relating to a Master's decision issued on October 19, 2016 to strike four actions pursuant to rule 4.33 of the Alberta Rules of Court for long delay. The Master's reasons for decision are reported at 2016 ABQB 591.

  • Johnson v Condominium Corporation No 0840235, 2019 ABQB 399

    [1] Mr. Johnson applied to set aside an Order obtained by the Condominium Corporation ex parte. On May 23, 2019, I rendered a decision with oral reasons. I set aside the ex parte Order. I granted a new, more limited, Order pursuant to section 67 of the Condominium Property Act, RSA 2000, c C-22. I have not yet received a form of Order.

  • Cherkas v Shell Energy North America (Canada) Inc, 2019 ABQB 400

    [1] Mr. Cherkas has filed a Statement of Claim seeking $9.5 million in damages against his former employer Shell Energy North America (Canada) Inc. (Shell Canada), Shell Energy North America (US) LP (Shell US) and four individuals, two employed by Shell Canada and two employed by Shell US.

  • Paul v Quan, 2019 ABQB 381

    [1] The Chief of Police and named police officers bring an application for delay pursuant to Rule 4.31 of the Alberta Rules of Court. For the reasons that follow, I deny the application.

  • Varghese v Bhanji, 2019 ABQB 397

    [1] Between October 2018 and May 2019, Sharon Varghese [Ms. Varghese] filed six Statements of Claim with the Alberta Court of Queen's Bench. No filing fees were paid since Ms. Varghese successfully applied to have those fees waived due to her limited income.

  • Peters v Keef, 2019 ABQB 398

    [1] Ryan Keef [Mr. Keef] is in a long-standing high conflict family litigation dispute [the Family Action] with his former partner, Christine Peters [Ms. Peters]. Much of the ongoing dispute relates to J, the child of Mr. Keef and Ms. Peters, and custody and access by Mr. Keef to that child. The child J is represented by counsel.

  • Dillman v BC Pension Corporation, 2019 ABQB 395

    [1] I am case managing this action, in which Brenda Dillman claims that BC Pension Corporation misled her and failed to act in her best interests when she was considering moving and transferring her pension from British Columbia to Alberta. On March 28, 2019, Ms. Dillman filed an application for answers to questions refused by BC Pension Corporation. I heard that application on May 10, 2019...

  • Walker v Walker, 2019 ABQB 385

    [1] Dayna Walker and Gregory Walker married on September 11, 2013. Dayna Walker had a child from a previous relationship, KW, born October 2007 and the parties had another child, BW, in September 2014. Gregory Walker stands in the place of the parent with respect to KW. The family lived in Edmonton until February 2017, when they moved to Utah for the father's employment. The parents separated in...

  • 698828 Alberta Ltd v Elite Homes (1998) Ltd, 2019 ABQB 393

    [1] The Plaintiff, 698828 Alberta Ltd. (“698”), claims against the defendant, Robert Friesen (“Friesen” or the “Defendant”), personally as being responsible for oppressive conduct of Elite Homes (1998) Inc. (“Elite 1998”), for Elite 1998's breach of fiduciary duties with Friesen's knowing assistance, and for inducing Elite 1998 into breaching a joint venture agreement. At all material times,...

  • Woitt v Alberta Mental Health Board, 2019 ABQB 387

    [1] On May 1, 2018 Michael Ross Woitt [Mr. Woitt] filed with the Alberta Court of Queen's Bench an “Amended Statement of Claim” naming Alberta Health Services as the Defendant. The Court's file did not include an earlier original filed Statement of Claim.

  • Ashraf v Zinner, 2019 ABQB 389

    [1] The Plaintiff, Shidan Ashraf, is an electrical engineer who was formerly employed by SNC-Lavalin [“SNC”]. The Defendant, Gabor Zinner [“Mr. Zinner”], is a Barrister and Solicitor practising law in Calgary, Alberta.

  • Magnus v Mason, 2019 ABQB 341

    [1] This summary trial concerns the question as to whether a condo corporation had an exclusive right to sue third parties for certain specified damages to the common property of the condo owners.

  • SSC North America v Federkiewicz, 2019 ABQB 391

    [1] This is a Plaintiffs' summary judgment application. There is a lengthy backstory, much of which is unnecessary to tell here.

  • CP (Re), 2019 ABQB 388

    [1] On April 12, 2019, the Court received a package of materials addressed to “Everyone at: Office of the trial coordinator”. These documents are reproduced as Appendix “A” and “B” of CP (Re), 2019 ABQB 310 [CP (Re) #1]. The April 12, 2019 materials appeared to relate to two interconnected court files: one involving guardianship and parenting of a child, the second a restraining order.

  • Kirchner v Henschel, 2019 ABQB 390

    [1] On April 8th, 2019, Mr. Kirchner applied in Family Chambers for an order reducing or cancelling the child support arrears that he owes.

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