2020 – Alberta


Take Five Summarized Cases:

Devine v. Alberta Human Rights Commission, 2019 ABCA 486: Labour Law; Wrongful Dismissal; Balance of Probabilities

Sharma v. Edmonton (Police Service), 2019 ABCA 501:Administrative Law; Panel; New Evidence ~ Counsel Comments provided by Lorena Harris, Counsel for the Respondent

Deadman v. Jager Estate, 2019 ABCA 481: Jurisdiction; Real and Substantial Connection; Subject Matter of the Litigation

Francis v. Empire Gardens Condominium Corporation, 2019 ABCA 471: Property Law; Reserve Fund Study; Condominium Property Act

OM v. ED, 2019 ABCA 509: Family Law; Habitual Residence; Custody; Primary Caregiver ~ Counsel Comments provided by Leigh Sherry, Counsel for the Respondent




Take Five Summarized Cases:

UAlberta Pro-Life v. Governors of the University of Alberta, 2020 ABCA 1: Constitutional Law; Canadian Charter of Rights and Freedoms; Freedom of Expression ~ Counsel Comments provided by Jay Cameron and James Kitchen, Counsel for the Appellants

B(RM) v B(DT), 2020 ABCA 11: Family Law; Custody and Access; Reverse Custody Order

DAF v. SRG, 2020 ABCA 25: Family Law; Interim Parenting Time; Stay of Proceedings ~ Counsel Comments provided by Andy Hayher and Emily Hanberry, Counsel for the Appellant ; and by Rebecca Bloomer and Heather Fraese, Counsel for the Respondent

Wojtasiewicz v. Alberta (Human Rights Commission), 2020 ABCA 23: Labour Law; Human Rights Law; Discrimination

Edmonton (Police Service) v. Deluca, 2020 ABCA 31: Administrative Law; Permission to Reconsider; Police Act; Jurisdiction ~ Counsel Comments provided by Dana Christianson, Counsel for the Applicant



Take Five Summarized Cases:

Al-Ghamdi v. College of Physicians and Surgeons of Alberta, 2020 ABCA 71:Health Law; Regulations of Health Professionals; Unprofessional Conduct

Wage v. Canadian Direct Insurance Incorporated, 2020 ABCA 49: Insurance Law; Territorial Limitation Provision; Policy Interpretation

Egal v. Shafat, 2020 ABCA 50: Estate Litigation; Surviving Adult Interdependent Partner; Priority

Pederson v. Allstate Insurance Company of Canada, 2020 ABCA 65: Insurance Law; Litigation Privilege; Motor Vehicle Accident

CFPM Management Services Ltd v. Edmonton (City), 2020 ABCA 62: Municipal Law; Zoning Bylaws; Subdivision and Development Appeal Board ~ Counsel Comments provided by Kim Wakefield, Q.C., Counsel for the Appellant


Take Five Summarized Cases:

Sack v. Lange, 2020 ABCA 95: Tort Law; Negligence; Duty of Care; Standard of Care ~ Counsel Comments provided by Owen Lewis and Drew Pearson

Thember v. King, 2020 ABCA 97: Family Law; Mobility Applications; Interim Order

Yee v. Chartered Professional Accountants of Alberta, 2020 ABCA 98: Administrative Law; Discipline Tribunal; Impartiality; Breach of Procedural Fairness ~ Counsel Comments provided by Dale Fedorchuk, Q.C

Furry v. Goodwin, 2020 ABCA 127: Family Law; Interim Applications; Spousal Support ~ Counsel Comments provided by Rod Onoferychuk

Wilcox v. Alberta, 2020 ABCA 104: Prison Law; Criminal Law; Habeas Corpus; Solitary Confinement



Take Five Summarized Cases:

HOOPP Realty Inc v. Emery Jamieson LLP, 2020 ABCA 159: Professional Negligence; Summary Dismissal; De novo Appeal; Limitation Period

Abt Estate v. Ryan, 2020 ABCA 133: Costs; Bullock Order; Litigation Misconduct

Condominium Corporation No. 9312374 v. Aviva Insurance Company of Canada,  2020 ABCA 166: Insurance Law; Multi-Peril Property Policy; Faulty Workmanship Exclusion ~ Counsel Comments provided by David Cumming and Amanpreet Sran

Fort McKay First Nation v. Prosper Petroleum Ltd., 2020 ABCA 163: Aboriginal Law; Honour of the Crown; Treaty; Public Interest; Oil Sands; Negotiations ~ Counsel Comments provided by Sander Duncanson
CRC v. DAJC, 2020 ABCA 143: Family Law; Imputed Income; Child Support



Take Five Summarized Cases:

Scott v. MacLean, 2020 ABCA 173: Family; Chambers; Best Interests of the Children; Relocation ~ Counsel Comments provided by Elsa Rice, Q.C., Counsel for the Appellant

Jonsson v. Lymer, 2020 ABCA 167: Vexatious Litigant Orders; Inherent Jurisdiction; Self-Represented Litigants ~ Counsel Comments provided by Brynne Harding, Counsel for the Intervenor, The National Self-Represented Litigants Project

Phoa v. Ley, 2020 ABCA 195: Chambers; Non-Privileged Portions; Exceptions to Settlement Privilege; Fraud

GGS Excavation Ltd v. Panache Homes Ltd., 2020 ABCA 198: Chambers; Ex parte; Submissions of Counsel

Mohr v. Strathcona (County), 2020 ABCA 187: Municipal Development Plan; Cannabis Production Facility; Sufficiency of Reasons;Tie Vote ~ Counsel Comments provided by Gwendolyn Stewart-Palmer, Q.C., Counsel for the Respondent, Strathcona County



Take Five Summarized Cases:

SP v. AP, 2020 ABCA 235:  Criminal Admissions; Evidence; Civil Claim; Agreed Facts

Bank of Nova Scotia v. Five Star Motor Group Ltd., 2020 ABCA 244: Ex parte; Attachment Order; Banking; Exigible Property ~ Counsel Comments provided by Richard Hajduk, Rodger Gibbs, and Omar Abdulhak,  Counsel for the Appellants

MacDonald v. Brodoff, 2020 ABCA 246: Family; Child Support; Imputing Income; Shared Parenting; Simple Set-off ~ Counsel Comments provided by Michael Ghert, Counsel for the Appellant, and Asher Macdonald and Shayi Xu, Counsel for the Respondent

Ewashko v. Hugo, 2020 ABCA 228: Expert Report; Future Care Costs; Examination; Rule 5.41(4)

Anderson v. Alberta (Attorney General), 2020 ABCA 238: Advance Costs; Test for Impecuniosity; New Evidence



Take Five Summarized Cases:

Pearson v. Pearson, 2020 ABCA 260: Adjournment; Solicitor’s Lien; Withdrawal of Counsel; Spousal Support; Arbitration

Domenic Construction Ltd. v. Primewest Capital Corp., 2020 ABCA 265: Amendments; Limitation Period; Adding Parties; Prejudice; Fraudulent Concealment

2008570 Alberta Ltd. v. Cedar Peaks Mortgage Investments Inc., 2020 ABCA 275: Security for Costs Application; Merits of Appeal; Ability to Pay ~ Counsel Comments by Francis N. J. Taman and Ksena J. Court, Counsel for the Respondent

Harbaugh v. Harbaugh, 2020 ABCA 280: Family Law; Retroactive Spousal Support; Overpayment; Division of Matrimonial Property

Alberta Union of Provincial Employees v. Alberta, 2020 ABCA 284: Arbitration; Judicial Review; Differential Discipline; Personal Circumstances


Take Five Summarized Cases:

Oslanski v. Oslanski, 2020 ABCA 297: Parenting time; Relocation; Enforcement; Stay; Irreparable Harm ~ Counsel Comments provided by Diane Harms, Q.C. and Timothy S. Chan, Student-at-Law, Counsel for the Applicant

R v. Tessier, 2020 ABCA 289: Criminal; Voir dire; Authentication; Voluntariness; Detention ~ Counsel Comments provided by Pawel Milczarek, Counsel for the Appellant, Mr. Tessier

R v. Wingert, 2020 ABCA 304: Criminal; Confession; Reliability; Burden of Proof

City Wide Towing and Recovery Service Ltd. v. Poole, 2020 ABCA 305: Non-Competition Agreement; Injunction; Severance; Restrictive Covenant

R v. Laverdiere, 2020 ABCA 290: Criminal; Sentencing; Reduction; Parity


Take Five Summarized Cases:

R. v. Pawar, 2020 BCCA 251: Criminal Law; The Charter of Rights and Freedoms; Excluding Evidence

Quinton v. Kehler, 2020 BCCA 254: Child Support; Guidelines Income; Income From Professional Corporations

Phillips v. Saunders, 2020 BCCA 265: Spousal Support; Declining Income; Income Averaging

Trans Mountain Pipeline ULC v. Mivasair, 2020 BCCA 255: Criminal Contempt; Defence of Necessity; Air of Reality Test

R. v. Edwards, 2020 BCCA 253: “Hit and Run” Criminal Charge; Wilful Blindness; Recklessness ~ Counsel Comments provided by Sarah Runyon, Counsel for the Appellant


Take Five Summarized Cases:

Elkow v. Sana, 2020 ABCA 350:Defamation; Aggravated Damages; Punitive Damages

Altex Energy v. Meyer, 2020 ABCA 368: Consolidation; Constructive Dismissal; Oppression

Crystal Wealth Management System Limited v. JC Food Services Ltd., 2020 ABCA 369: Mortgage; Discharge; Equity of Redemption; Real Property ~ Counsel Comments provided by
Kevin Chapotelle, Counsel for the Appellant

St. Pierre v. Schenk, 2020 ABCA 382: Real Property; Fraud; Caveat; Mortgage

Canadian Natural Resources Limited v. Husky Oil Operations Limited, 2020 ABCA 386: Oil and Gas; Breach of Contract; Due Diligence; Limitations ~ Counsel Comments provided by
Counsel for the Respondent, Shannon Kelley and Scott Watson



Take Five Summarized Cases:

Wiebe v. Weinrich Contracting Ltd., 2020 ABCA 396: Procedural Fairness; Reasonable Notice; CCAA; Stay of Proceedings; Retroactivity ~ Counsel Comments provided by Richard Hajduk and Rodger Gibbs, Counsel for the Appellants

Tokio Marine & Nichido Insurance Company v. Security National Insurance Company, 2020 ABCA 402: Primary Insurance; Excess Insurance; Priority Flip; Temporary Substitute Vehicle

Rollingson Racing Stables Ltd. v. Horse Racing Alberta, 2020 ABCA 419: Judicial Review; Administrative Law; Quorum; Reasonableness

Cartwright v. Rocky View County Subdivision and Development Appeal Board, 2020 ABCA 408: Administrative Law; Reasonable Apprehension of Bias

Malazdrewicz v. Malazdrewicz, 2020 ABCA 423: Family Law; Spousal Support; Jurisdiction; COVID-19; Costs ~ Counsel Comments provided by Lawren Wowk, Counsel for the Respondent

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