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
Docket Number1701-0229-AC
CourtCourt of Appeal (Alberta)
Date29 March 2018
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91 practice notes
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd,
    • 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,
    • 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......
  • Ehli v Lamanator Coatings Ltd,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 10, 2024
    ...by a streamlined trial, and (b) make a procedural order respecting the streamlined trial. 97 In Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125 at para 15, the Court of Appeal provided a good reminder of the proper overall perspective on summary judgment: “Summary judgment is one proc......
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77 cases
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd,
    • 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,
    • 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......
  • Ehli v Lamanator Coatings Ltd,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 10, 2024
    ...by a streamlined trial, and (b) make a procedural order respecting the streamlined trial. 97 In Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125 at para 15, the Court of Appeal provided a good reminder of the proper overall perspective on summary judgment: “Summary judgment is one proc......
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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
    ...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 [4273] I. FACTS AND ISSUES This is the appeal of the decision reported in the February 2018 edition of Defence + Indemnity. The plaintiff w......
  • 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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2 books & journal articles
  • Obtaining Judgment in a Debt Claim
    • Canada
    • Working with the Law Collection Debtor-Creditor and Collections Law in Alberta
    • May 12, 2022
    ...Reciprocal Enforcement of Judgments Act , RSA 2000, c R-6 Stark v Stark (1977), 12 AR 353 Stefanyk v Sobeys Capital Incorporated , 2018 ABCA 125 65 © [2022] Emond Montgomery Publications. All Rights Reserved. Introduction In this chapter, we address practice for representing unsecured credi......
  • 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......