Distinct Real Estate USA 2 v. Wazonek

JurisdictionAlberta
CourtCourt of King's Bench of Alberta (Canada)
Citation2025 ABKB 275
Docket Number2501-00473
Date06 May 2025

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4 practice notes
  • Nova Oculus Canada Manufacturing ULC v. Sather
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • December 22, 2025
    ...statutory remedies under another province’s business corporations legislation. As I stated in Distinct Real Estate USA 2 v Wazonek, 2025 ABKB 275 at para 42 (emphasis [42]     Where there is an express statutory remedy relating to creatures of statute such as corporation......
  • Cantak Corporation v. Haderer
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • February 11, 2026
    ...the case will be established (not as high as, and arguably lower than, a strong prima facie case): Distinct Real Estate USA 2 v Wazonek, 2025 ABKB 275 at para 77; Lloyd Gardens Inc v Chohan, 2023 ABCA 328 at para 9, citing Bank of Nova Scotia v Five Star Motor Group Ltd, 2020 ABCA 244 at pa......
  • Distinct Real Estate USA 2, LP v. Wazonek
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • July 28, 2025
    ..._______________________________________________________ I. Introduction [1] On May 6, 2025, in Distinct Real Estate USA 2 v Wazonek, 2025 ABKB 275 (Reasons), I decided the Plaintiffs/Applicants’[1] Application and the Defendants/Cross-Applicants’ Cross-Application in this matter pertaining ......
  • Oasis Filter International Ltd v. Manz
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • November 17, 2025
    ...was not an abuse of process. ·       The Defendants rely on Distinct Real Estate USA 2, LP v Wazonek, 2025 ABKB 275 for the assertion that actions commenced without authority are an abuse of process, but in the actual costs decision the court concluded there wa......
4 cases
  • Nova Oculus Canada Manufacturing ULC v. Sather
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • December 22, 2025
    ...statutory remedies under another province’s business corporations legislation. As I stated in Distinct Real Estate USA 2 v Wazonek, 2025 ABKB 275 at para 42 (emphasis [42]     Where there is an express statutory remedy relating to creatures of statute such as corporation......
  • Cantak Corporation v. Haderer
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • February 11, 2026
    ...the case will be established (not as high as, and arguably lower than, a strong prima facie case): Distinct Real Estate USA 2 v Wazonek, 2025 ABKB 275 at para 77; Lloyd Gardens Inc v Chohan, 2023 ABCA 328 at para 9, citing Bank of Nova Scotia v Five Star Motor Group Ltd, 2020 ABCA 244 at pa......
  • Distinct Real Estate USA 2, LP v. Wazonek
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • July 28, 2025
    ..._______________________________________________________ I. Introduction [1] On May 6, 2025, in Distinct Real Estate USA 2 v Wazonek, 2025 ABKB 275 (Reasons), I decided the Plaintiffs/Applicants’[1] Application and the Defendants/Cross-Applicants’ Cross-Application in this matter pertaining ......
  • Oasis Filter International Ltd v. Manz
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • November 17, 2025
    ...was not an abuse of process. ·       The Defendants rely on Distinct Real Estate USA 2, LP v Wazonek, 2025 ABKB 275 for the assertion that actions commenced without authority are an abuse of process, but in the actual costs decision the court concluded there wa......