Appleby v Smallwood, 2019 ABQB 114

JudgeBurns
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateFebruary 20, 2019
JurisdictionAlberta
Citations2019 ABQB 114
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6 practice notes
  • GO Community Centre v Clark Builders and Stantec Consulting Ltd, 2020 ABQB 203
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 25, 2020
    ...updated in over twenty years and has been described by this Court as “grossly out of date”: see McAllister … and Appleby v Smallwood, 2019 ABQB 114[, Burns J]. Similarly, in Geophysical Service … at para 28, Justice Woolley stated that “Without some sort of inflationary adjustment Schedule ......
  • Trinity Christian School Association v Schienbein,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 23, 2021
    ...J at para 28; Cogent Group Inc v EnCana Leasehold Limited Partnership, 2014 ABQB 593, Jones J at para 37; Appleby v Smallwood, 2019 ABQB 114, Burns J at para 9; Geophysical Service Incorporated v Falkland Oil and Gas Ltd, 2019 ABQB 314, Woolley J at para 11. Losing does not demonstrate misc......
  • Estate of Montgomery, 2019 ABQB 833
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 5, 2019
    ...to inflation, it has been described as “grossly out of date”: see McAllister v Calgary (City), 2018 ABQB 999; and Appleby v Smallwood, 2019 ABQB 114. [78] I agree that “when the Court is obliged to make numerous and substantial adjustments to the Schedule C figures to bring them in line wit......
  • ILI's Painting Services Ltd v Homes by Bellia Inc, 2020 ABQB 372
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 17, 2020
    ...(still) fall notoriously short of the real costs of modern litigation, even when it is efficiently conducted: see Appleby v Smallwood, 2019 ABQB 114 at para 11. This incentivizes defendants to take unreasonable positions unrelated to the merits of their position. Pricing that intransigence ......
  • Request a trial to view additional results
6 cases
  • GO Community Centre v Clark Builders and Stantec Consulting Ltd, 2020 ABQB 203
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 25, 2020
    ...updated in over twenty years and has been described by this Court as “grossly out of date”: see McAllister … and Appleby v Smallwood, 2019 ABQB 114[, Burns J]. Similarly, in Geophysical Service … at para 28, Justice Woolley stated that “Without some sort of inflationary adjustment Schedule ......
  • Trinity Christian School Association v Schienbein,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 23, 2021
    ...J at para 28; Cogent Group Inc v EnCana Leasehold Limited Partnership, 2014 ABQB 593, Jones J at para 37; Appleby v Smallwood, 2019 ABQB 114, Burns J at para 9; Geophysical Service Incorporated v Falkland Oil and Gas Ltd, 2019 ABQB 314, Woolley J at para 11. Losing does not demonstrate misc......
  • Estate of Montgomery, 2019 ABQB 833
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 5, 2019
    ...to inflation, it has been described as “grossly out of date”: see McAllister v Calgary (City), 2018 ABQB 999; and Appleby v Smallwood, 2019 ABQB 114. [78] I agree that “when the Court is obliged to make numerous and substantial adjustments to the Schedule C figures to bring them in line wit......
  • ILI's Painting Services Ltd v Homes by Bellia Inc, 2020 ABQB 372
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 17, 2020
    ...(still) fall notoriously short of the real costs of modern litigation, even when it is efficiently conducted: see Appleby v Smallwood, 2019 ABQB 114 at para 11. This incentivizes defendants to take unreasonable positions unrelated to the merits of their position. Pricing that intransigence ......
  • Request a trial to view additional results

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