Peters v Atchooay

JurisdictionAlberta
CourtCourt of Appeal (Alberta)
JudgeThe Honourable Justice Sheila Greckol,The Honourable Justice Dawn Pentelechuk,The Honourable Justice Kevin Feehan
Neutral Citation2021 ABCA 237
Citation2021 ABCA 237
Date25 June 2021
Docket Number2103-0090AC

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9 practice notes
  • Peters v Atchooay
    • Canada
    • Court of Appeal (Alberta)
    • October 31, 2022
    ...under the Guidelines. [4] This Court granted permission to reconsider Smolis-Hunt as part of the present appeal: Peters v Atchooay, 2021 ABCA 237. [5] As explained below, the majority decision in Smolis-Hunt does not comport with the language of s 19(1)(a) or the over-arching purpose of the......
  • Gunston v MacDonald
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 17, 2021
    ...circumvent having to apply the stringent test.” [184] The Alberta Court of Appeal granted leave to reconsider Hunt in Peters v Atchooay, 2021 ABCA 237, and heard the appeal in late November 2021, but has not yet released a decision. Until a decision in Peters is issued, Hunt is the binding ......
  • DM v SP
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 15, 2021
    ...(as above). [102] However, “reasonableness” is not the test. [103] The Court of Appeal has recently granted leave, in Peters v Atchooay, 2021 ABCA 237, for the Hunt v Smolis-Hunt test to be [104] However, for the time being, Hunt continues to govern imputation cases. [105] I am not satisfie......
  • JL Energy Transportation Inc v. Alliance Pipeline Limited Partnership
    • Canada
    • Court of Appeal (Alberta)
    • May 27, 2024
    ...Edmonton (Police Service) v Deluca, 2020 ABCA 31 at para 6; AC and JF v Alberta, 2020 ABCA 251 at para 5; Peters v Atchooay, 2021 ABCA 237 at para 4; Lawrence v Alberta (Director of SafeRoads), 2023 ABCA 271 at para 14. As a general rule, leave to reconsider a binding precedent “will be gra......
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9 cases
  • Peters v Atchooay
    • Canada
    • Court of Appeal (Alberta)
    • October 31, 2022
    ...under the Guidelines. [4] This Court granted permission to reconsider Smolis-Hunt as part of the present appeal: Peters v Atchooay, 2021 ABCA 237. [5] As explained below, the majority decision in Smolis-Hunt does not comport with the language of s 19(1)(a) or the over-arching purpose of the......
  • Gunston v MacDonald
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 17, 2021
    ...circumvent having to apply the stringent test.” [184] The Alberta Court of Appeal granted leave to reconsider Hunt in Peters v Atchooay, 2021 ABCA 237, and heard the appeal in late November 2021, but has not yet released a decision. Until a decision in Peters is issued, Hunt is the binding ......
  • DM v SP
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 15, 2021
    ...(as above). [102] However, “reasonableness” is not the test. [103] The Court of Appeal has recently granted leave, in Peters v Atchooay, 2021 ABCA 237, for the Hunt v Smolis-Hunt test to be [104] However, for the time being, Hunt continues to govern imputation cases. [105] I am not satisfie......
  • JL Energy Transportation Inc v. Alliance Pipeline Limited Partnership
    • Canada
    • Court of Appeal (Alberta)
    • May 27, 2024
    ...Edmonton (Police Service) v Deluca, 2020 ABCA 31 at para 6; AC and JF v Alberta, 2020 ABCA 251 at para 5; Peters v Atchooay, 2021 ABCA 237 at para 4; Lawrence v Alberta (Director of SafeRoads), 2023 ABCA 271 at para 14. As a general rule, leave to reconsider a binding precedent “will be gra......
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