Bruno v Samson Cree Nation

JurisdictionAlberta
CourtCourt of Appeal (Alberta)
JudgeThe Honourable Justice Thomas W. Wakeling,The Honourable Justice Michelle Crighton,The Honourable Justice Dawn Pentelechuk
Neutral Citation2021 ABCA 381
Citation2021 ABCA 381
Docket Number2003-0172AC
Date24 November 2021

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8 practice notes
  • Reilly v Alberta
    • Canada
    • Court of Appeal (Alberta)
    • August 19, 2024
    ...disclose a cause of action: Atlantic Lottery Corp Inc v Babstock, 2020 SCC 19 at para 14. This is a low bar: Bruno v Samson Cree Nation, 2021 ABCA 381 at para 67. “[P]leadings are to be read generously, and in anticipation of what might be remedied through an amendment”: Setoguchi at para 3......
  • Setoguchi v Uber BV
    • Canada
    • Court of Appeal (Alberta)
    • February 7, 2023
    ...to assist a court in making a s 5(1)(a) determination as to whether the pleadings disclose a cause of action: Bruno v Samson Cree Nation, 2021 ABCA 381 [ Bruno] at para 20 The test under s 5(1)(a) of the CPA is the same as on an application to strike a statement of claim for failing to disc......
  • Bruno v Samson Cree Nation
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 26, 2025
    ...same relief/remedy. 181 ACJ Rooke's finding on subclass common issue 1 was overturned by the Court of Appeal: Bruno v Samson Cree Nation, 2021 ABCA 381 [ Appeal Decision] on the basis that: “Whether the membership agreements were void for lack of consideration is a genuine issue requiring a......
  • Edmunds v Royal Bank of Canada
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • December 17, 2025
    ...read generously and in anticipation of what might be remedied through amendments: Reilly at para 14, citing Bruno v Samson Cree Nation, 2021 ABCA 381 at para 67 and Setoguchi at para 32 Reading the pleadings generously, according to recent cases, sometimes involves the court going beyond th......
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10 cases
  • Reilly v. Alberta
    • Canada
    • Court of Appeal (Alberta)
    • August 19, 2024
    ...disclose a cause of action: Atlantic Lottery Corp Inc v Babstock, 2020 SCC 19 at para 14. This is a low bar: Bruno v Samson Cree Nation, 2021 ABCA 381 at para 67. “[P]leadings are to be read generously, and in anticipation of what might be remedied through an amendment”: Setoguchi at para 3......
  • Landry v. Aurora Cannabis, Inc.
    • Canada
    • Court of Appeal (Alberta)
    • April 23, 2026
    ...the proceeding: Atlantic Lottery Corp Inc v Babstock, 2020 SCC 19, paras 14, 88, [2020] 2 SCR 420; Bruno v Samson Cree Nation, 2021 ABCA 381, para 61; Klassen v Canadian National Railway Company, 2023 ABCA 150, para 25. Mr Landry says he bought, sold, and continued to hold shares ......
  • Bruno v. Samson Cree Nation
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 26, 2025
    ...ACJ Rooke’s finding on subclass common issue 1 was overturned by the Court of Appeal: Bruno v Samson Cree Nation, 2021 ABCA 381 [Appeal Decision] on the basis that: “Whether the membership agreements were void for lack of consideration is a genuine issue requiring a trial”: at para 110. [18......
  • Edmunds v. Royal Bank of Canada
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • January 17, 2025
    ...read generously and in anticipation of what might be remedied through amendments: Reilly at para 14, citing Bruno v Samson Cree Nation, 2021 ABCA 381 at para 67 and Setoguchi at para 35. [32]        Reading the pleadings generously, according to recent cas......
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