Category Archives: Civil Procedure: New Rules of Court
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 … 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 … Continue reading
New Rules of Court Interpreted: Rule 9.15, Setting Aside a Judgment
Case commented on: Montes v. Al-Shiraida, 2011 ABQB 54 Manuel and Teresa Montes were injured in a motor vehicle accident. They each filed a statement of claim alleging that the accident was caused either by Al-Shiraida or by an unknown … Continue reading
New Rules of Court Interpreted: Rule 6.37 and Notice to Admit
Case commented on: Andriuk v. Merrill Lynch Canada Inc., 2011 ABQB 59 Andriuk filed a statement of claim against Merrill Lynch pursuant to the Class Proceedings Act, S.A. 2003, c. C-16.5. Merrill Lynch had indicated that it would not provide … Continue reading
New Rules of Court Interpreted: Rule 12.48 and Summary Judgment in Divorce Proceedings
Case commented on: Maykowski v. Maykowski, 2011 ABQB 31 This case is described by Justice D.C. Read as “high-conflict divorce proceedings” commenced by the husband in combination with a claim for matrimonial property division, and in which the wife counterclaimed … Continue reading
