Humphreys v. Trebilcock, 2017 ABCA 116
| Judge | Wakeling,Watson,Costigan |
| Court | Court of Appeal (Alberta) |
| Subject Matter | PRACTICE |
| Date | 19 April 2017 |
| Docket Number | 1603-0276-AC,1603-0275-AC |
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141 practice notes
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Calgary (City) v Bell Canada Inc., 2020 ABCA 211
...(1943) per Frankfurter, J. (“In law also the right answer usually depends on putting the right question”). [70] Humphreys v. Trebilcock, 2017 ABCA 116, ¶ 162; [2017] 7 W.W.R. 343, 394 (“the motions court failed to ask the right questions in the correct order. The failure to adopt this strat......
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Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432
...In this situation, “the court must select the option that best advances the purpose that accounts for the text”. Humphreys v. Trebilcock, 2017 ABCA 116, ¶109; [2017] 7 W.W.R. 343, 376. See also McBratney v. McBratney, 59 S.C.R. 550, 561 (1919)(“where you have rival constructions of which th......
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
...(unless an enactment indicates a contrary intention a word should be given its ordinary or usual meaning); Humphreys v. Trebilcock, 2017 ABCA 116, ¶ 109; [2017] 7 W.W.R. 343, 375 (“To do so one must identify the potential permissible meanings of these terms, taking into account their ordina......
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Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
...EWCA Civ 933, ¶ 20; 2001 4 All E.R. 861, 872 (“[litigation causes] inconvenience, anxiety and distress”). [55] Humphreys v. Trebilcock, 2017 ABCA 116, ¶ 90; [2017] 7 W.W.R. 343, 369 (“People understandably expect that the mechanisms our state has constructed for the resolution of disputes w......
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138 cases
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Calgary (City) v Bell Canada Inc., 2020 ABCA 211
...(1943) per Frankfurter, J. (“In law also the right answer usually depends on putting the right question”). [70] Humphreys v. Trebilcock, 2017 ABCA 116, ¶ 162; [2017] 7 W.W.R. 343, 394 (“the motions court failed to ask the right questions in the correct order. The failure to adopt this strat......
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Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74
...413 per Frankfurter, J. (“In law also the right answer usually depends on putting the right question”). [491] Humphreys v. Trebilcock, 2017 ABCA 116, ¶ 162; [2017] 7 W.W.R. 343, 394 (“the motions court failed to ask the right questions in the correct order. The failure to adopt this strateg......
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Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432
...In this situation, “the court must select the option that best advances the purpose that accounts for the text”. Humphreys v. Trebilcock, 2017 ABCA 116, ¶109; [2017] 7 W.W.R. 343, 376. See also McBratney v. McBratney, 59 S.C.R. 550, 561 (1919)(“where you have rival constructions of which th......
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
...(unless an enactment indicates a contrary intention a word should be given its ordinary or usual meaning); Humphreys v. Trebilcock, 2017 ABCA 116, ¶ 109; [2017] 7 W.W.R. 343, 375 (“To do so one must identify the potential permissible meanings of these terms, taking into account their ordina......
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3 firm's commentaries
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Dismissal For Chronic Delay New Six Question Framework
...April 19, 2017, in Humphreys v Trebilcock, 2017 ABCA 116 ("Humphreys"), the Alberta Court of Appeal set out six "essential" questions that an adjudicator must ask in order to apply Rule 4.31, the "chronic delay" rule. Under the Alberta Rules of Court (the "Rules"), a party may apply to dism......
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ABCA Outlines Test for Long Delay under Rule 4.31
...LLP is a member of the Canadian Litigation Counsel, a nationwide affiliation of independent law firms . * * * In Humphreys v. Tebilcock, 2017 ABCA 116, the Court of Appeal allowed the applications dismissing the Plaintiffs' claims for long delay, reversing the chambers decision of the justi......
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Condo Corp 052 0580 (o/a The Tradition At Southbrook) v Carrington Holdings Ltd, 2022 ABKB 623: Alberta Court Of King's Bench Reaffirms Need To Combat Delayed Proceedings
...established jurisprudence regarding applications under Rules 4.31 and Rule 4.33, including as outlined in Humphreys v Trebilcock, 2017 ABCA 116.[5] Specifically, the Court examined The non-moving party failed to advance the action at a reasonable pace? The subsequent delay was significant e......