Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125

JudgeThe Honourable Mr. Justice Frans Slatter,The Honourable Madam Justice Barbara Lea Veldhuis,The Honourable Madam Justice Frederica Schutz
Citation2018 ABCA 125
CourtCourt of Appeal (Alberta)
Docket Number1701-0229-AC
Date29 March 2018
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88 practice notes
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
    • Canada
    • Court of Appeal (Alberta)
    • February 6, 2019
    ...can be illustrated by comparing Can v Calgary Police Service, 2014 ABCA 322, 584 AR 147 with Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125, 67 Alta LR (6th) Can at para. 20: Summary judgment is appropriate if the nonmoving party’s position is without merit. Alberta Rules of Court, r......
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 2020
    ...v. Mawji judgment denied 2017 ABQB 762 92 Stefanyk v. Sobeys Capital Inc. dismissal granted unreported denied 2017 ABQB 402 granted 2018 ABCA 125 93 Stoney Tribal Council v. Canadian Pacific Railway dismissal granted 2016 ABQB 193 granted 2017 ABCA 432 94 Templanza v. Ford dismissal......
  • Clark Builders and Stantec Consulting Ltd v GO Community Centre, 2019 ABQB 706
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 13, 2019
    ...Army (Governing Council), 2018 ABCA 206 at para 44; Arndt v Banerji, 2018 ABCA 176 at para 38; [Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125] at para 12. That is, a party cannot complain that summary judgment is not appropriate because of some issue that does not arise on the evide......
  • Coffey v Nine Energy Canada Inc, 2018 ABQB 898
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 2, 2018
    ...as yet unresolved is the standard of proof to be met by the moving party. The Court of Appeal in [Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125] said proof must be made on a balance of probabilities (paras 15 & 16; see also [Angus Partnership Inc v Salvation Army (Governing Coun......
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75 cases
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
    • Canada
    • Court of Appeal (Alberta)
    • February 6, 2019
    ...can be illustrated by comparing Can v Calgary Police Service, 2014 ABCA 322, 584 AR 147 with Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125, 67 Alta LR (6th) Can at para. 20: Summary judgment is appropriate if the nonmoving party’s position is without merit. Alberta Rules of Court, r......
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 2020
    ...v. Mawji judgment denied 2017 ABQB 762 92 Stefanyk v. Sobeys Capital Inc. dismissal granted unreported denied 2017 ABQB 402 granted 2018 ABCA 125 93 Stoney Tribal Council v. Canadian Pacific Railway dismissal granted 2016 ABQB 193 granted 2017 ABCA 432 94 Templanza v. Ford dismissal......
  • Clark Builders and Stantec Consulting Ltd v GO Community Centre, 2019 ABQB 706
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 13, 2019
    ...Army (Governing Council), 2018 ABCA 206 at para 44; Arndt v Banerji, 2018 ABCA 176 at para 38; [Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125] at para 12. That is, a party cannot complain that summary judgment is not appropriate because of some issue that does not arise on the evide......
  • Coffey v Nine Energy Canada Inc, 2018 ABQB 898
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 2, 2018
    ...as yet unresolved is the standard of proof to be met by the moving party. The Court of Appeal in [Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125] said proof must be made on a balance of probabilities (paras 15 & 16; see also [Angus Partnership Inc v Salvation Army (Governing Coun......
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12 firm's commentaries
  • Case Summary: Stefanyk v Sobeys Capital Incorporated
    • Canada
    • Mondaq Canada
    • May 17, 2018
    ...law duty of care regarding same, but it is not negligence to put a bicycle rack at that location. Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125 FACTS AND ISSUES This is the appeal of the decision reported in the February 2018 edition of Defence + Indemnity. The plaintiff was walking......
  • In Summary: It's Still A Balance Of Probabilities
    • Canada
    • Mondaq Canada
    • February 15, 2019
    ...been unclear. The majority cited the Can v. Calgary Police Service, 2014 ABCA 322 ("Can") and Stefanyk v. Sobeys Capital Incorporated, 2018 ABCA 125 ("Stefanyk") decisions as illustrative of this riff discussed at paragraph In Can, at paragraph 20, the Court of Appeal described the test for......
  • Defence + Indemnity: April 2018 - II. Liability Issues C.
    • Canada
    • JD Supra Canada
    • May 29, 2018
    ...at that location. Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125 [4273] I. FACTS AND ISSUES This is the appeal of the decision reported in the February 2018 edition of Defence + Indemnity. The plaintiff was walking on the sidewalk outside a Sobey’s store when a dog (which had been ti......
  • Summary Judgment – Confusion In Alberta
    • Canada
    • Mondaq Canada
    • June 27, 2018
    ...recent decisions of the Alberta Court of Appeal have added to this already unpredictable landscape: Stefanyk v. Sobeys Capital Inc., 2018 ABCA 125 [Sobeys]; Rotzang v CIBC World Markets Inc, 2018 ABCA 153 [Rotzang]; and Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204 Hryniak, Sob......
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1 books & journal articles
  • BenchPress--Vol 42-5.
    • Canada
    • LawNow Vol. 42 No. 5, May 2018
    • May 1, 2018
    ...Sobeys is not expected to ban all dogs from its premises. As a result, the action was dismissed. Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125 Rent and Renovictions in The cost of renting or purchasing a home in Vancouver is known to be unaffordable for many locals. In one case at t......

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