Holden v Holden

JurisdictionAlberta
CourtCourt of Appeal (Alberta)
JudgeWakeling
Citation2022 ABCA 341
Date17 October 2022
Docket Number2203-0099AC

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12 practice notes
  • Astolfi v. Stone Creek Resorts Inc.
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • March 7, 2025
    ...was not provided by Astolfi) counsel cannot be a witness and advocate in the same proceeding on an important issue: Holden v Holden, 2022 ABCA 341 at para 50 (footnote 37); RT v Alberta, 2020 ABQB 655 at para 32; RM v JS, 2013 ABCA 441 at para 28. Accordingly, counsel should not purport to ......
  • Bank of Montreal v. Luciano
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • May 28, 2024
    ...with the passage of time and lengthy delays are much more likely to involve serious prejudice: Travis at para 30; Holden v Holden, 2022 ABCA 341 at para [55] The potential for serious prejudice to BMO in this case was not materially explored in argument. If there is a lost opportunity to ha......
  • Jose v Baby
    • Canada
    • Court of Appeal (Alberta)
    • April 25, 2023
    ...Ltd, 2015 ABCA 201 at paras 20-24, 602 AR 105. A hopeless proceeding in this Court is not in the interest of any party: Holden v Holden, 2022 ABCA 341 at paras 22, 62, 87, [2022] AJ No 1224 (QL) citing various [12] Applying either the Cairns extension test or the restoration test to the cir......
  • Nkusi v Patricia C. Tiffen Professional Corporation
    • Canada
    • Court of Appeal (Alberta)
    • September 27, 2023
    ...ABCA 238 at para 5, [2015] AJ No 770 (QL); Scarlett v Wang, 2019 ABCA 72 at paras 28-29, [2019] AJ No 208; Li at para 9; Holden v Holden, 2022 ABCA 341 at paras 55-68, [2022] AJ No 1224 [27] Time limits are of fundamental importance to proper functioning of the Court. They are to must be re......
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12 cases
  • Astolfi v. Stone Creek Resorts Inc.
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • March 7, 2025
    ...was not provided by Astolfi) counsel cannot be a witness and advocate in the same proceeding on an important issue: Holden v Holden, 2022 ABCA 341 at para 50 (footnote 37); RT v Alberta, 2020 ABQB 655 at para 32; RM v JS, 2013 ABCA 441 at para 28. Accordingly, counsel should not purport to ......
  • Bank of Montreal v. Luciano
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • May 28, 2024
    ...with the passage of time and lengthy delays are much more likely to involve serious prejudice: Travis at para 30; Holden v Holden, 2022 ABCA 341 at para [55] The potential for serious prejudice to BMO in this case was not materially explored in argument. If there is a lost opportunity to ha......
  • Jose v Baby
    • Canada
    • Court of Appeal (Alberta)
    • April 25, 2023
    ...Ltd, 2015 ABCA 201 at paras 20-24, 602 AR 105. A hopeless proceeding in this Court is not in the interest of any party: Holden v Holden, 2022 ABCA 341 at paras 22, 62, 87, [2022] AJ No 1224 (QL) citing various [12] Applying either the Cairns extension test or the restoration test to the cir......
  • Nkusi v Patricia C. Tiffen Professional Corporation
    • Canada
    • Court of Appeal (Alberta)
    • September 27, 2023
    ...ABCA 238 at para 5, [2015] AJ No 770 (QL); Scarlett v Wang, 2019 ABCA 72 at paras 28-29, [2019] AJ No 208; Li at para 9; Holden v Holden, 2022 ABCA 341 at paras 55-68, [2022] AJ No 1224 [27] Time limits are of fundamental importance to proper functioning of the Court. They are to must be re......
  • Get Started for Free