Smiechowski v. Preece, 2015 ABCA 105

JudgePicard, Slatter and Rowbotham, JJ.A.
CourtCourt of Appeal (Alberta)
Case DateMarch 12, 2015
JurisdictionAlberta
Citations2015 ABCA 105;[2015] A.R. Uned. 44;[2015] A.R. Uned. 44 (CA)
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
7 practice notes
  • R. v. Paul (S.C.), 2016 ABPC 113
    • Canada
    • Provincial Court of Alberta (Canada)
    • May 27, 2016
    ...718.2(c), it is necessary that I assess whether the combined total of the sentences is "unduly harsh or long". [61] In R. v. MacDonald , 2015 ABCA 105 at paragraphs 53 to 54 the Court of Appeal described the proper application of the totality principle as follows: Where an offender who comm......
  • 926 Capital Corp. v. Petro River Oil Corp., 2016 ABQB 194
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 16, 2016
    ...is warranted. The landlord's argument is contrary to a recent decision of the Alberta Court of Appeal in Smiechowski v. Preece , 2015 ABCA 105, where the court stated: On its proper interpretation, the promissory note does not provide that payments are only to be made out of bonuses. The ap......
  • Columbos v QuinnCorp Holdings Inc, 2019 ABQB 853
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 8, 2019
    ...Accordingly, it argues that his February 20, 2019 action was commenced out of time, citing Smiechowski v Preece, 2014 ABQB 272, aff’d 2015 ABCA 105. [47] In Smiechowski, it was undisputed that the plaintiff was aware of the non-payment at the time and thus the discovery of the breach was no......
  • Tomalik v Enthink Inc,
    • Canada
    • Court of Appeal (Alberta)
    • September 22, 2022
    ...made by the Valuator shall be conclusive and binding on all interested Persons” (emphasis added). As in Smiechowski v Preece, 2015 ABCA 105 at para 5 [Smiechowski], the Agreement “was clear on how the shares are to be valued”, and there is no persuasive argument that th......
  • Request a trial to view additional results
7 cases
  • R. v. Paul (S.C.), 2016 ABPC 113
    • Canada
    • Provincial Court of Alberta (Canada)
    • May 27, 2016
    ...718.2(c), it is necessary that I assess whether the combined total of the sentences is "unduly harsh or long". [61] In R. v. MacDonald , 2015 ABCA 105 at paragraphs 53 to 54 the Court of Appeal described the proper application of the totality principle as follows: Where an offender who comm......
  • 926 Capital Corp. v. Petro River Oil Corp., 2016 ABQB 194
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 16, 2016
    ...is warranted. The landlord's argument is contrary to a recent decision of the Alberta Court of Appeal in Smiechowski v. Preece , 2015 ABCA 105, where the court stated: On its proper interpretation, the promissory note does not provide that payments are only to be made out of bonuses. The ap......
  • Columbos v QuinnCorp Holdings Inc, 2019 ABQB 853
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 8, 2019
    ...Accordingly, it argues that his February 20, 2019 action was commenced out of time, citing Smiechowski v Preece, 2014 ABQB 272, aff’d 2015 ABCA 105. [47] In Smiechowski, it was undisputed that the plaintiff was aware of the non-payment at the time and thus the discovery of the breach was no......
  • Tomalik v Enthink Inc,
    • Canada
    • Court of Appeal (Alberta)
    • September 22, 2022
    ...made by the Valuator shall be conclusive and binding on all interested Persons” (emphasis added). As in Smiechowski v Preece, 2015 ABCA 105 at para 5 [Smiechowski], the Agreement “was clear on how the shares are to be valued”, and there is no persuasive argument that th......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT