Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd,

JudgeHonourable Justice Thomas W. Wakeling
Neutral Citation2021 ABCA 362
Citation2021 ABCA 362
Docket Number2103-0106AC
CourtCourt of Appeal (Alberta)
Date29 October 2021

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
7 practice notes
  • Interlocutory Injunctions: General Principles
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...Ontario, Rules of Civil Procedure , RRO 1990, Reg 194, r 40.03. In Alberta, see Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd , 2021 ABCA 362 at para 49, and in Saskatchewan, see 101280222 Saskatchewan Ltd v Silver Star Salvage Ltd , 2019 SKCA 59 at paras 20–21. 103 See Allen v Jambo Ho......
  • PR Construction Ltd v Colony Management Inc.
    • Canada
    • Court of Appeal (Alberta)
    • December 15, 2025
    ...absent a stay, because any unjustly received money can be ordered to be repaid: Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para 45 [ Knelsen]. Generally, to make out irreparable harm in the context of a money judgment, an applicant must demonstrate that if a sta......
  • Inter Pipeline Ltd v Teine Energy Ltd
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • December 5, 2024
    ...courts approach stays of administrative decisions and lower court decisions: Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para 19 Arbitration Act s 49(5) contemplates two possibilities: (1) enforcement or (2) a stay. Arbitration Act s 49(5) does not allow for a th......
  • Lynx Integrated Solutions Corp v 2031783 Alberta Ltd
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 14, 2023
    ...AB v College of Physicians and Surgeons of Alberta, 2021 ABCA 320 at para 47; Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para [36]           Further, as the Supreme Court of Canada admonished in RJR-MacDonal......
  • Get Started for Free
6 cases
  • PR Construction Ltd v Colony Management Inc.
    • Canada
    • Court of Appeal (Alberta)
    • December 15, 2025
    ...absent a stay, because any unjustly received money can be ordered to be repaid: Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para 45 [ Knelsen]. Generally, to make out irreparable harm in the context of a money judgment, an applicant must demonstrate that if a sta......
  • Inter Pipeline Ltd v Teine Energy Ltd
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • December 5, 2024
    ...courts approach stays of administrative decisions and lower court decisions: Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para 19 Arbitration Act s 49(5) contemplates two possibilities: (1) enforcement or (2) a stay. Arbitration Act s 49(5) does not allow for a th......
  • Lynx Integrated Solutions Corp v 2031783 Alberta Ltd
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 14, 2023
    ...AB v College of Physicians and Surgeons of Alberta, 2021 ABCA 320 at para 47; Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para [36]           Further, as the Supreme Court of Canada admonished in RJR-MacDonal......
  • Lynx Integrated Solutions Corporation v 2031783 Alberta Ltd
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 14, 2023
    ...AB v College of Physicians and Surgeons of Alberta, 2021 ABCA 320 at para 47; Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para 36 Further, as the Supreme Court of Canada admonished in RJR-MacDonald, at para 78, the serious-issue-to-be-tried part of the test shoul......
  • Get Started for Free
1 books & journal articles
  • Interlocutory Injunctions: General Principles
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...Ontario, Rules of Civil Procedure , RRO 1990, Reg 194, r 40.03. In Alberta, see Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd , 2021 ABCA 362 at para 49, and in Saskatchewan, see 101280222 Saskatchewan Ltd v Silver Star Salvage Ltd , 2019 SKCA 59 at paras 20–21. 103 See Allen v Jambo Ho......