Schafer v Schafer

JurisdictionAlberta
CourtCourt of Appeal (Alberta)
JudgeHo,Martin,Watson
Citation2023 ABCA 117
Date05 April 2023
Docket Number2201-0167AC; 2201-0168AC

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9 practice notes
  • Inter Pipeline Ltd v. Teine Energy Ltd.
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • July 20, 2026
    ...of appeal of arbitration awards balances the principle of limited court involvement in arbitrations (Enmax at para 4; Schafer v Schafer, 2023 ABCA 117 at para 45) against the court’s jurisprudential role interpreting and developing private law (Lesenko v Wild Rose Ready Mix Ltd, 2024 ABKB 3......
  • Canadian Natural Resources Limited v Harvest Operations Corp
    • Canada
    • Court of Appeal (Alberta)
    • January 3, 2024
    ...cease to apply simply because the parties were required to agree on a specific option within a standard form clause: Schafer v Schafer, 2023 ABCA 117 at paras 50-51. Finally, while a small number of the 114 agreements at issue in the summary judgment application do not contain standard form......
  • Sivitilli v. PesoRama Inc
    • Canada
    • Court of Appeal (Alberta)
    • July 11, 2024
    ...and application of section 6(c). This submission finds strong support in the recent decision of this Court in Schafer v Schafer, 2023 ABCA 117. As neither party previously cited this decision, I provided them a further opportunity to do [23] While the Court in Schafer was considering the ri......
  • Davis v Davis
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 25, 2023
    ...on law or a right of appeal on fact or a right of appeal on mixed law and fact depending upon what they desired. See Schafer v Schafer, 2023 ABCA 117 at paras 60-63; Sheridan v Sheridan, 2022 ABQB 180, Jerke J at paras 15 and 18 (“The flaw in this argument is that the agreement does not pur......
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10 cases
  • Peace River Partnership v Cardero Coal Ltd
    • Canada
    • Court of Appeal (British Columbia)
    • September 11, 2023
    ...courts in other jurisdictions have recognized such a discretion where circumstances warrant. For example, in Schafer v. Schafer, 2023 ABCA 117, the court upheld the trial judge's decision declining to award solicitor-client costs, despite a clause in the parties' arbitration agreement in a ......
  • Canadian Natural Resources Limited v Harvest Operations Corp
    • Canada
    • Court of Appeal (Alberta)
    • January 3, 2024
    ...cease to apply simply because the parties were required to agree on a specific option within a standard form clause: Schafer v Schafer, 2023 ABCA 117 at paras 50-51. Finally, while a small number of the 114 agreements at issue in the summary judgment application do not contain standard form......
  • Sisett v Central Okanagan (Regional District)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 1, 2024
    ...exercise its discretion not to do so. It cited various cases, including, at para. 139, the following excerpt from Schafer v. Schafer, 2023 ABCA 117: [73] Any contractual right to costs is always subject to the court's discretion: Mark M. Orkin, Robert G. Schipper, Orkin on The Law of Costs,......
  • Sivitilli v. PesoRama Inc
    • Canada
    • Court of Appeal (Alberta)
    • July 11, 2024
    ...and application of section 6(c). This submission finds strong support in the recent decision of this Court in Schafer v Schafer, 2023 ABCA 117. As neither party previously cited this decision, I provided them a further opportunity to do [23] While the Court in Schafer was considering the ri......
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