Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd
| Jurisdiction | Alberta |
| Court | Court of Appeal (Alberta) |
| Judge | Honourable Justice Thomas W. Wakeling |
| Neutral Citation | 2021 ABCA 362 |
| Citation | 2021 ABCA 362 |
| Date | 29 October 2021 |
| Docket Number | 2103-0106AC |
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11 practice notes
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Interlocutory Injunctions: General Principles
...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......
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Venini v Venini
...from the granting or refusal of the stay pending the appeal: Stokes at para 13; Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para 9; RJR-MacDonald at 334. The court must assess the severity of the harm and identify the party that should not be ordered to endure th......
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1921645 Alberta Ltd v FCT Insurance Company Ltd
...v Metropolitan Stores (MTS) Ltd, [1987] 1 SCR 110 at 127-129, 38 DLR 4th 321; Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at paras 10-13. [5] An appeal presents a serious issue if it is not frivolous or vexatious: Polansky Electronics Ltd v AGT Limited, 2000 ABCA 46......
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PR Construction Ltd v. Colony Management Inc
...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 i......
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10 cases
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Venini v Venini
...from the granting or refusal of the stay pending the appeal: Stokes at para 13; Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at para 9; RJR-MacDonald at 334. The court must assess the severity of the harm and identify the party that should not be ordered to endure th......
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1921645 Alberta Ltd v FCT Insurance Company Ltd
...v Metropolitan Stores (MTS) Ltd, [1987] 1 SCR 110 at 127-129, 38 DLR 4th 321; Knelsen Sand & Gravel Ltd v Harco Enterprises Ltd, 2021 ABCA 362 at paras 10-13. [5] An appeal presents a serious issue if it is not frivolous or vexatious: Polansky Electronics Ltd v AGT Limited, 2000 ABCA 46......
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Inter Pipeline Ltd v. Teine Energy Ltd
...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 ......
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PR Construction Ltd v. Colony Management Inc
...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 i......
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1 books & journal articles
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Interlocutory Injunctions: General Principles
...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......
