Fibabanka A. Ş. v Arslan

JurisdictionSaskatchewan
CourtCourt of Appeal (Saskatchewan)
JudgeCaldwell,Jackson,Schwann
Citation2023 SKCA 13
Date24 January 2023
Docket NumberCACV3423

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
3 practice notes
  • Edgars v British Columbia (Children and Family Development)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 6, 2025
    ...42). It is a question that may require some consideration of an individual plaintiff's personal circumstances ( Fibabanka A. S. v. Arslan, 2023 SKCA 13, at paras. 67–68; Lawless v. Anderson, 2011 ONCA 102, at paras. 22, 26, 28; Crombie Property Holdings Limited v. McColl-Frontenac Inc. (Tex......
  • Fibabanka A. S. v Arslan
    • Canada
    • Court of Appeal (Saskatchewan)
    • January 24, 2023
    ...(Plaintiff/Respondent) and Hüseyin Arslan, Mahmut Arslan, Hasan Arslan and Murad Al-Katib Respondents (Defendants/Applicants) 2023 SKCA 13 Jackson, Caldwell and Schwann JJ.A. Docket: CACV3423 Docket: CACV3424 Docket: CACV3422 Court of Appeal for Saskatchewan Counsel: Peter Bergbusch, K......
  • GRAHAM-LOCKERBIE STANLEY JV v. OVIVO INC.
    • Canada
    • Court of King's Bench of Saskatchewan (Canada)
    • March 23, 2023
    ...the exercise of reasonable diligence, it could not have discovered its claim within the limitation period. (See Fibabanka A.S. v Arslan, 2023 SKCA 13 at para 62). GLS enlisted other experts in late 2018 and on the strength of those investigations it commenced this action alleging defective ......
8 cases
  • Lombard v Ron S. Maurice Professional Corporation (Maurice Law Barristers & Solicitors)
    • Canada
    • Court of Appeal (Saskatchewan)
    • April 4, 2025
    ...Sask R 82; Kassburg v Sun Life Assurance Company of Canada, 2014 ONCA 922 at para 40, 379 DLR (4th) 665. See also Fibabanka A.S. v Arslan, 2023 SKCA 13 at paras 28–29, [2023] 6 WWR 65 Ms. Lombard makes one argument alleging factual error – notably, that the Chambers judge erred by finding t......
  • Goertz v Co-operators General Insurance Company
    • Canada
    • Court of Appeal (Saskatchewan)
    • April 4, 2025
    ...involves questions of mixed fact and law, which are reviewable only for palpable and overriding error. See: Fibabanka A. S. v Arslan, 2023 SKCA 13 at paras 28–29, [2023] 6 WWR 624; and Saskatchewan (Highways and Infrastructure) v Venture Construction Inc., 2020 SKCA 39 at para 33, 447 DLR (......
  • Fibabanka A. S. v Arslan
    • Canada
    • Court of Appeal (Saskatchewan)
    • January 24, 2023
    ...(Plaintiff/Respondent) and Hüseyin Arslan, Mahmut Arslan, Hasan Arslan and Murad Al-Katib Respondents (Defendants/Applicants) 2023 SKCA 13 Jackson, Caldwell and Schwann JJ.A. Docket: CACV3423 Docket: CACV3424 Docket: CACV3422 Court of Appeal for Saskatchewan Counsel: Peter Bergbusch, K......
  • Yapi ve Kredi Bankasi Anonim Sirketi v Arslan
    • Canada
    • Court of Appeal (Saskatchewan)
    • January 12, 2026
    ...the interests of Fibabanka and Sardes had been determined and foreclosed by an earlier decision of the Court: see Fibabanka A.S. v Arslan, 2023 SKCA 13 [ 109 Second, as Messrs. Arslan and Al-Katib correctly point out, while a fraudulent conveyance action is representative of all creditors, ......
  • Get Started for Free