Petz v Duguay, 2018 ABCA 402

JudgeJ.D. Bruce McDonald,Sheila Greckol,Michelle Crighton
Docket Number1701-0064-AC
CourtCourt of Appeal (Alberta)
Date29 November 2018
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3 practice notes
  • Smith v Obuck, 2019 ABQB 593
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 2, 2019
    ...determine which of the competing theories is the most probable. See: Petz v Duguay, 2017 ABQB 90 at para 158 (appeal on merits dismissed 2018 ABCA 402), citing Jomha v Hicks Estate, 2010 ABQB 551 at para 74, citing St Jean v Mercier, 2002 SCC 15 at para b) Evidence on the Issue of Causation......
  • LR v Semenjuk,
    • Canada
    • Court of Appeal (Alberta)
    • September 23, 2021
    ...2011 ABCA 9, para 19, 499 AR 216; and that choice should only be interfered with if it is unreasonable or patently wrong: Petz v Duguay, 2018 ABCA 402, para 10, leave den [2019] SCCA No 30. [43] It is not the role of this Court to second-guess a trial judge in preferring the evidence of one......
  • SCC Denies Leave In Chronic Pain Case
    • Canada
    • Mondaq Canada
    • July 10, 2019
    ...on that plaintiff's self-reporting The award was upheld on appeal with a 2-1 split decision by the Court of Appeal: Petz v. Duguay, 2018 ABCA 402. Very recently, the Plaintiff was denied leave to the Supreme Court: Shelly Ann Petz v. Patrick Duguay, 2019 CanLII 53417 These decisions continu......
2 cases
  • Smith v Obuck, 2019 ABQB 593
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 2, 2019
    ...determine which of the competing theories is the most probable. See: Petz v Duguay, 2017 ABQB 90 at para 158 (appeal on merits dismissed 2018 ABCA 402), citing Jomha v Hicks Estate, 2010 ABQB 551 at para 74, citing St Jean v Mercier, 2002 SCC 15 at para b) Evidence on the Issue of Causation......
  • LR v Semenjuk,
    • Canada
    • Court of Appeal (Alberta)
    • September 23, 2021
    ...2011 ABCA 9, para 19, 499 AR 216; and that choice should only be interfered with if it is unreasonable or patently wrong: Petz v Duguay, 2018 ABCA 402, para 10, leave den [2019] SCCA No 30. [43] It is not the role of this Court to second-guess a trial judge in preferring the evidence of one......
1 firm's commentaries
  • SCC Denies Leave In Chronic Pain Case
    • Canada
    • Mondaq Canada
    • July 10, 2019
    ...on that plaintiff's self-reporting The award was upheld on appeal with a 2-1 split decision by the Court of Appeal: Petz v. Duguay, 2018 ABCA 402. Very recently, the Plaintiff was denied leave to the Supreme Court: Shelly Ann Petz v. Patrick Duguay, 2019 CanLII 53417 These decisions continu......

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