Category Archives: Civil Procedure

The civil standard of proof confirmed: Always proof on a balance of probabilities but now mindful of the mysterious “inherent” probabilities or improbabilities

Posted on November 13, 2008 by Brett Code, Q.C.

Cases Considered: F.H. v. McDougall, 2008 SCC 53 PDF Version:  The civil standard of proof confirmed: Always proof on a balance of probabilities but now mindful of the mysterious “inherent” probabilities or improbabilities * Brett Code acknowledges the able assistance … Continue reading →

Posted in Civil Procedure, Supreme Court of Canada | 1 Comment

Obtaining Leave to Intervene in a Leave to Appeal Application

Posted on October 15, 2008 by Nickie Nikolaou

Cases Considered: Provident Energy Ltd. v. Alberta (Utilities Commission), 2008 ABCA 316 PDF Version:  Obtaining Leave to Intervene in a Leave to Appeal Application This decision deals with a unique and interesting point of civil procedure. It answers the following … Continue reading →

Posted in Civil Procedure, Constitutional, Natural Resources | 3 Comments

Is Proof of Irreparable Harm to the Plaintiff or Proof of Wilful Delay by the Defendant Required to Defeat an Application to Set Aside Default Judgment?

Posted on October 6, 2008 by Jonnette Watson Hamilton

Cases Considered: Alberta v. Fjeld, 2008 ABQB 558 PDF Version: Is Proof of Irreparable Harm to the Plaintiff or Proof of Wilful Delay by the Defendant Required to Defeat an Application to Set Aside Default Judgment? Some debtors seem to … Continue reading →

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Leisurely Pace, Standstill and Drop Dead: A Lawsuit’s Journey

Posted on September 20, 2008 by Jonnette Watson Hamilton

Cases Considered: Hein v. Barrett, 2008 ABQB 548 PDF Version: Leisurely Pace, Standstill and Drop Dead: A Lawsuit’s Journey An application by a party for an extension of time is a very common application in a lawsuit. There is nothing … Continue reading →

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Something Happened (with apologies to Joseph Heller)

Posted on June 5, 2008 by Jonnette Watson Hamilton

Case Considered: Brentech Services Ltd. v. Sunray Manufacturing Inc., 2008 ABQB 301 PDF Version:  Something Happened (with apologies to Joseph Heller) “Want of prosecution” is a curious and old-fashioned phrase. It refers to an absence of steps taken in a … Continue reading →

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