KY v Bahler

CourtCourt of King's Bench of Alberta (Canada)
JudgeRenke
Judgment Date08 May 2023
Citation2023 ABKB 280
Docket Number1103 14108
Date08 May 2023

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9 practice notes
  • Savoie v. Lambert
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • July 11, 2024
    ...witness is in the “exclusive control” of the party and is not “equally available to both parties”: Stikeman at paras 87-88; KY v Bahler, 2023 ABKB 280 at para 55; Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65 at para 49; Day v Woodburn, 2019 ABQB 356 at para 287; Spartan Developments......
  • La Trace v. Warkentin Building Movers
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • July 7, 2025
    ...inferences from the facts are sufficient to ground causation (Clements at para 9).[4] [158]     In KY v Bahler, 2023 ABKB 280, Renke J stated that the trier of fact infers cause from the evidence. His astute analysis is worth quoting at 832      ......
  • Khaleel v Indar
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 29, 2023
    ...find the evidence inadmissible, I allowed the Plaintiff to recall Dr. Khundal to address this new theory. [38] Relying on KY v Bahler, 2023 ABKB 280, the Plaintiff argues that Dr. Smith’s opinion that laparoscopic surgery was not an option, inconsistent with his Form 25 and not based on any......
  • Artindale-Eeles v. Mercer
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • May 1, 2024
    ...[230] Loss of housekeeping capacity can be compensated by pecuniary or non-pecuniary damages. I agree with Renke J in KY v Bahler, 2023 ABKB 280 at para 2637, that the distinction is generally determined by the evidential foundation of the claim. If there is enough evidence to assess the co......
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9 cases
  • Savoie v. Lambert
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • July 11, 2024
    ...witness is in the “exclusive control” of the party and is not “equally available to both parties”: Stikeman at paras 87-88; KY v Bahler, 2023 ABKB 280 at para 55; Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65 at para 49; Day v Woodburn, 2019 ABQB 356 at para 287; Spartan Developments......
  • La Trace v. Warkentin Building Movers
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • July 7, 2025
    ...inferences from the facts are sufficient to ground causation (Clements at para 9).[4] [158]     In KY v Bahler, 2023 ABKB 280, Renke J stated that the trier of fact infers cause from the evidence. His astute analysis is worth quoting at 832      ......
  • Khaleel v Indar
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 29, 2023
    ...find the evidence inadmissible, I allowed the Plaintiff to recall Dr. Khundal to address this new theory. [38] Relying on KY v Bahler, 2023 ABKB 280, the Plaintiff argues that Dr. Smith’s opinion that laparoscopic surgery was not an option, inconsistent with his Form 25 and not based on any......
  • KJM v. Kuc
    • Canada
    • Court of Appeal (Alberta)
    • November 28, 2024
    ...K.S. (Litigation Representative of) v Willox, 2016 ABQB 483 at para. 661, 32 CCLT (4th) 1; K.Y. (Litigation representative of) v Bahler, 2023 ABKB 280 at para. 1685. Even if it could be argued that the “in trust” claim will indirectly benefit the mother, that does not make her a party so as......
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