Author Archives: Admin

New Rules of Court Interpreted: Rule 13.7 and Fraudulent Misrepresentation

Case commented on: Terrace Consulting Inc. v. Jackson, 2011 ABQB 108

The Plaintiff applied for summary judgment to enforce its remedies under an offer to purchase a condominium. The Defendants alleged misrepresentation and contended that they were told they were signing a rent to own contract. They also counterclaimed for damages in the amount of the deposit paid, which they understood to be refundable. The Defendants argued that in light of the misrepresentation, summary judgment should not be granted. The Plaintiff argued that an entire agreement clause in the purchase contract precluded the defence of misrepresentation and summary judgment should be granted.

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New Rules of Court Interpreted: Rule 1.2, The Purpose and Intent of the Rules and Rule 15.12, Transitional

Case commented on: Lameman v Alberta, 2011 ABQB 40

Alberta and Canada brought applications under the old Rules to strike the plaintiffs’ statement of claim in the summer of 2009. The matter has been in case management for over two years. The applications to strike were originally set to be heard March 15 – 19, 2010. This was subsequently adjourned until December 6 – 10, 2010 with deadlines fixed for filing briefs. The plaintiffs did not raise a concern about these deadlines at a case management meeting in September 2010 but subsequently brought an adjournment application on October 19, 2010, principally on the basis that they lacked adequate financial resources to proceed. Continue reading →

New Rules of Court Interpreted: Rule 2.10 and Intervenor Status

Case commented on: R. v. Hirsekorn, 2011 ABQB 156

R. v. Hirsekorn is a summary conviction appeal of convictions for shooting wildlife not in regular season and being in possession of wildlife without a valid permit, contrary to ss. 25(1) and 55(1) of the Wildlife Act, RSA 2000, c. W-10. At trial, Provincial Court Judge F. C. Fisher rejected Hirsekorn’s argument that the charges should be dismissed because he had an unextinguished Métis right to hunt for food under s.35 of the Constitution Act, 1982 (see 2010 ABPC 385). The Blood Tribe and Siksika Nation applied to the Alberta Court of Queen’s Bench for intervenor status in the appeal.

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New Rules of Court Interpreted: Rule 5.33, Disclosure of Information

Case considered: Italian Centre Shop South Ltd. v. Moreira, 2011 ABQB 41

The Plaintiff, Italian Centre Shop South Ltd., sued the Defendant, Marcia Moreina, for allegedly stealing $173, 597.39 over the course of her employment with the Plaintiff. The Defendant was also charged criminally for defrauding the Italian Centre Shop South Ltd. of more than $5000. The Plaintiff applied for summary judgment and the Defendant applied for a stay of civil proceedings pending the resolution of criminal proceedings arising from the same facts. Continue reading →

New Rules of Court Interpreted: Rule 3.37, Applications for Default Judgment

Case commented on: Toerper v. Hoard, 2011 ABQB 85 

Toerper v. Hoard involved a claim for breach of contract and breach of trust or fiduciary duty by Elizabeth Toerper against several defendants. The defendant 1215396 Alberta Ltd. was noted in default on March 24, 2010, and the statement of defence of Graham Hoard and 919035 Alberta Ltd. was struck on June 11, 2010. An order directed that the action be set down for summary trial for an assessment of damages.

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