Yakiwczuk v. Chmilar, (1997) 215 A.R. 211 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 12, 1997
• Citations: (1997), 215 A.R. 211 (QB)

Yakiwczuk v. Chmilar (1997), 215 A.R. 211 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. MY.070

Larry Yakiwczuk and Mike Yakiwczuk (appellants/plaintiffs) v. Cynthia Chmilar and Shawn Chmilar (respondents/defendants)

(Action No. 9703-12752)

Indexed As: Yakiwczuk v. Chmilar

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

December 5, 1997.

Summary:

The plaintiffs sued the defendants after being involved in a motor vehicle collision. The plaintiffs moved to appeal the trial judge's decision by way of trial de novo on the basis of new evidence.

The Alberta Court of Queen's Bench allowed the motion.

Practice - Topic 3558

Evidence - General principles - Leave to offer further evidence after judgment - The plaintiffs sued the defendants after being involved in a motor vehicle collision - The plaintiffs moved to appeal the trial judge's decision by way of trial de novo on the basis of new evidence - The Alberta Court of Queen's Bench allowed the motion - The new evidence was on a significant point in issue and it was in the interests of justice that the new evidence should be heard - Further, the new evi­dence was not discovered prior to the trial despite the reasonable efforts made by the plaintiffs to identify all damage prior to the trial.

Practice - Topic 5298

Trials - General - Trial de novo - When available - [See Practice - Topic 3558 ].

Cases Noticed:

McGinn v. Bain Insulation and Supply Ltd. (1990), 126 A.R. 81; 2 Alta. L.R.(3d) 127 (Q.B.), refd to. [para. 1].

Boyko v. Strong, [1996] A.J. No. 783, refd to. [para. 1].

Counsel:

P.E.S. Kennedy, for the appel­lants/plain­tiffs;

K.G. Heintz, for the respon­dents/defen­dants.

This motion was heard on November 12, 1997, before Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmon­ton, who delivered the following memoran­dum of judgment on December 5, 1997.