Fraser v Jeffries

JurisdictionAlberta
CourtCourt of Queen's Bench of Alberta (Canada)
JudgeHonourable Mr. Justice S.N. Mandziuk
Citation2019 ABQB 145
Date01 March 2019
Docket Number1213 00075

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9 practice notes
  • Recycling Worx Solutions Inc v Hunter
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • January 27, 2023
    ...apply the “not trivial or minor” test for inordinate delay to non-fraud cases: see, for example: Fraser v Jeffries, 2019 ABQB 145 at para 43, aff’d Fraser CA; Déjà vu Holdings Ltd v Securex Master Limited Partnership, 2018 ABQB 597 at para 47; Gammage at para ......
  • Huk v Hudson’s Bay Company
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 26, 2021
    ...delay, these cases do not foreclose the argument that a shorter period of delay may be inordinate (See for example, Fraser v Jeffries, 2019 ABQB 145 at para 44 where the court found that a two year delay was [23]        Each delay application requires its ......
  • Gammage v Costco Wholesale Canada Ltd.
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 7, 2021
    ...the Plaintiffs’ explanation for the delay, and whether the delay is justified. [103]     In Fraser v Jeffries, 2019 ABQB 145, aff’d 2019 ABCA 368, I stated (at para Inordinate delay may be excusable: John Barlot Architect Ltd v Atrium Square Investment......
  • Fode v Paragon Gaming EC Company
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 21, 2020
    ...made efforts at settlement and pursued investigations. [at paras 49 & 54] Historical norm Defence consent Fraser v Jeffries, 2019 ABQB 145, aff’d 2019 ABCA 368 Mandziuk J Delay of about 2 years excused on basis of plaintiff’s counsel’s illness. [at paras 46-49] Health issues Tiger Calci......
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10 cases
  • Recycling Worx Solutions Inc v Hunter
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • January 27, 2023
    ...Bench decisions apply the “not trivial or minor” test for inordinate delay to non-fraud cases: see, for example: Fraser v Jeffries, 2019 ABQB 145 at para 43, aff’d Fraser CA; Déjà vu Holdings Ltd v Securex Master Limited Partnership, 2018 ABQB 597 at para 47; Gammage at para 99; Cochrane (T......
  • Huk v Hudson’s Bay Company
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 26, 2021
    ...delay, these cases do not foreclose the argument that a shorter period of delay may be inordinate (See for example, Fraser v Jeffries, 2019 ABQB 145 at para 44 where the court found that a two year delay was [23]        Each delay application requires its ......
  • Gammage v Costco Wholesale Canada Ltd.
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 7, 2021
    ...I will turn to the question of the Plaintiffs’ explanation for the delay, and whether the delay is justified. [103] In Fraser v Jeffries, 2019 ABQB 145, aff’d 2019 ABCA 368, I stated (at para Inordinate delay may be excusable: John Barlot Architect Ltd v Atrium Square Investments Ltd, 2017 ......
  • Boyko v Boyko
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 7, 2021
    ...that counsel is required when a litigation representative is appointed. [19] Here on appeal, the Appellant relies on Fraser v Jeffries, 2019 ABQB 145, but I do not find the facts or statements of law to be applicable here other than the finding that the delay was excusable as here the Maste......
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