Vestby v Galloway

JudgeHonourable Mr. Justice K. Feth
Docket Number1303 02419, 4803 156202
Date08 June 2020
Citation2020 ABQB 361
CourtCourt of Queen's Bench of Alberta (Canada)

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27 practice notes
  • Specific Performance: Discretionary Defences and Considerations that Affect Discretion
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...claim such as a lack of clean hands was precluded by a clause in the contract that restricted “any equity,” etc. 127 Vestby v Galloway, 2020 ABQB 361 at para 118. 128 See Youyi Group Holdings (Canada) Ltd v Brentwood Lanes Canada Ltd , 2020 BCCA 130, leave to appeal to SCC dismissed [2020] ......
  • Spousal Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...available to the 227 Moge v Moge, [1992] 3 SCR 813; Heimsoth v Heimsoth, 2009 ABCA 129; VMH v JH, 2020 ABQB 156; Vestby v Galloway, 2020 ABQB 361; Chutter v Chutter, 2008 BCCA 507; Marquez v Zapiola, 2013 BCCA 433; Rémillard v Rémillard, 2014 MBCA 101; Aquila v 2016 MBCA 33; Boudreau v Brun......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...(1980), [1981] QB 202, [1980] 3 WLR 258, [1980] 1 All ER 839 (CA) ........................................ 507–8 Vestby v Galloway, 2020 ABQB 361 ...................................................................468 Vestergaard Frandsen A/S v Bestnet Europe Ltd, [2009] All ER (D) 57, [2009......
  • Chapter 8: Spousal Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law (Tenth Edition)
    • April 14, 2025
    ...23 and 33; see also Lane v Lane, 2012 ABCA 2; De Winter v De Winter, 2013 ABCA 311; Fournier v Fournier, 2019 ABQB 97; Vestby v Galloway, 2020 ABQB 361. For a useful review of relevant caselaw, see Dowhaniuk v Dowhaniuk, 2014 ABQB 674 2008 ABCA 355; see also Taylor v Taylor, 2009 ABCA 354; ......
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22 cases
  • Esfahani v Samimi, 2022 ABKB 795
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 5, 2022
    ...both in scope and nature, based on an objective assessment, and having regard to a number of different factors: Vestby v Galloway, 2020 ABQB 361 at para 57; Brar v Brar, 2017 ABQB 792 at paras 11-16. A trial judge or an arbitrator is entitled to accept one party’s evidence over anoth......
  • Savoie v Lambert
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • July 11, 2024
    ...is weighed, both in scope and nature, based on an objective assessment, and having regard to numerous factors: Vestby v Galloway, 2020 ABQB 361 at para 57; Brar v Brar, 2017 ABQB 792 at paras 16 One factor is observed demeanour, which might include responsiveness, fairness, and objectivity ......
  • Shukin v Loeffler Estate
    • Canada
    • Court of Appeal (Saskatchewan)
    • August 7, 2025
    ...(See, for example, Mazur v Fennell Estate, 2009 BCSC 1770 at para 72; Chapman v Cuthbert, 2021 BCSC 1 at para 30; and Vestby v Galloway, 2020 ABQB 361 at para 209, 44 RFL (8th) 337.) The judge did not reason otherwise. Indeed, as I have explained, the judge concluded that this relationship ......
  • Fernando v Fernando
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • February 18, 2025
    ...at para 10, citing FH at paras 46, 48. It is open to the court to accept all, some or none of a witness's evidence: Vestby v Galloway, 2020 ABQB 361 at para 57, citing R v JHS, 2008 SCC 30 at para 8 In making my assessments of both the credibility and reliability of the parties' evidence, I......
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5 books & journal articles
  • Specific Performance: Discretionary Defences and Considerations that Affect Discretion
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...claim such as a lack of clean hands was precluded by a clause in the contract that restricted “any equity,” etc. 127 Vestby v Galloway, 2020 ABQB 361 at para 118. 128 See Youyi Group Holdings (Canada) Ltd v Brentwood Lanes Canada Ltd , 2020 BCCA 130, leave to appeal to SCC dismissed [2020] ......
  • Spousal Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...available to the 227 Moge v Moge, [1992] 3 SCR 813; Heimsoth v Heimsoth, 2009 ABCA 129; VMH v JH, 2020 ABQB 156; Vestby v Galloway, 2020 ABQB 361; Chutter v Chutter, 2008 BCCA 507; Marquez v Zapiola, 2013 BCCA 433; Rémillard v Rémillard, 2014 MBCA 101; Aquila v 2016 MBCA 33; Boudreau v Brun......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...(1980), [1981] QB 202, [1980] 3 WLR 258, [1980] 1 All ER 839 (CA) ........................................ 507–8 Vestby v Galloway, 2020 ABQB 361 ...................................................................468 Vestergaard Frandsen A/S v Bestnet Europe Ltd, [2009] All ER (D) 57, [2009......
  • Chapter 8: Spousal Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law (Tenth Edition)
    • April 14, 2025
    ...23 and 33; see also Lane v Lane, 2012 ABCA 2; De Winter v De Winter, 2013 ABCA 311; Fournier v Fournier, 2019 ABQB 97; Vestby v Galloway, 2020 ABQB 361. For a useful review of relevant caselaw, see Dowhaniuk v Dowhaniuk, 2014 ABQB 674 2008 ABCA 355; see also Taylor v Taylor, 2009 ABCA 354; ......
  • Get Started for Free