Docket

37109

Valentin Pintea v. Dale Johns, et al.

(Alberta) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2017-04-28 Transcript received, 101 pages
2017-04-27 Appeal closed
2017-04-19 Formal judgment sent to the registrar of the court of appeal and all parties
2017-04-19 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-04-18 Respondent's condensed book, (Book Form), Submitted in Court Dale Johns
2017-04-18 Appellant's condensed book, (Book Form), Submitted in Court Valentin Pintea
2017-04-18 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row,
The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0047-AC, 2016 ABCA 99, dated May 2, 2016, was heard on April 18, 2017 and the Court on that day delivered the following judgment orally:

KARAKATSANIS J. — The common law of civil contempt requires that the respondents prove beyond a reasonable doubt that Mr. Pintea had actual knowledge of the Orders for the case management meetings he failed to attend.

The case management judge failed to consider whether Mr. Pintea had actual knowledge of two of the three Orders upon which she based her decision. The respondents concede that the requirements of Rule 10.52(3)(a)(iii) of the Alberta Rules of Court, Alta. Reg. 124/2010, were not met with respect to these two Orders.

As a result, the finding of contempt cannot stand.

We would add that we endorse the Statement of Principles on Self-represented Litigants and Accused Persons (2006) established by the Canadian Judicial Council.

The appeal is allowed, the action is restored and the costs award vacated.
Allowed
2017-04-18 Hearing of the appeal, 2017-04-18, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment rendered
2017-04-12 Order on motion to strike out, (by JUSTICE GASCON)
2017-04-12 Decision on motion to strike out, Ga, UPON APPLICATION by the respondents for an order:
1. Striking paragraphs 2, 8, 13(b), 22, 50, 53, and 85(c) of the appellant’s factum; or
2. In the alternative, pursuant to s. 62(3) of the Supreme Court of Act, R.S.C. 1985, c. S-26, an order granting leave to adduce the following evidence into the record as evidence in this appeal:
a. the Affidavit, with exhibits, of Michelle Vanden Bos sworn October 20, 2015;
b. the Affidavit, with exhibits, of Gail O’Brien sworn September 2, 2015;
c. the September 16, 2015 email of Sia Stanwell, Judicial Assistant, Court of Queen’s Bench; and
d. the September 15, 2015 email of Darlene Walker, Assistant to Mme. Justice C. L. Kenny (all of which are appended to the affidavit of Kate Kozowyk sworn March 13, 2017).
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to strike is referred to the panel of the Court hearing the appeal set for April 18, 2017, and may be argued at the commencement of the hearing. If so argued, the time required for the argument of the motion will be deducted from the time allotted to the appellant and respondents for the presentation of their submissions on the appeal.
Referred
2017-04-12 Submission of motion to strike out, Ga
2017-04-11 Reply to motion to strike out, (Book Form), Completed on: 2017-04-11 Dale Johns
2017-04-07 Response to motion to strike out, (Book Form), Completed on: 2017-04-07 Valentin Pintea
2017-04-06 Intervener's book of authorities, (Book Form), Completed on: 2017-04-06 Pro Bono Ontario
2017-04-06 Intervener's factum, (Book Form), Completed on: 2017-04-06 Pro Bono Ontario
2017-04-06 Intervener's factum, (Book Form), Completed on: 2017-04-06 National Self-Represented Litigants Project
2017-04-04 Notice of appearance, Duncan C. Boswell and Alyssa J. Duke will be present at the hearing. Mr. Boswell will present oral arguments. Dale Johns
2017-04-04 Correspondence received from, 5 reserved seats requested. National Self-Represented Litigants Project
2017-04-04 Notice of appearance, Ranjan Agarwal and Ilan Ishai will be present at the hearing. Mr. Ishai will present oral arguments. National Self-Represented Litigants Project
2017-04-04 Notice of appearance, Colin Feasby, Sean Sutherland and Adam LaRoche will be present at the hearing. Mr. Feasby will present oral arguments. Valentin Pintea
2017-04-04 Notice of appearance, Andrew Bernstein, Jeremy Opolsky and Leora Jackson will be present at the hearing. Mr. Bernstein will present oral arguments. Pro Bono Ontario
2017-04-04 Appeal perfected for hearing
2017-03-31 Certificate of counsel (attesting to record), (Letter Form) Dale Johns
2017-03-31 Respondent's book of authorities, (Book Form), 2 copies files, Completed on: 2017-03-31 Dale Johns
2017-03-31 Respondent's record, (Book Form), (2 volumes), 2 copies filed, Completed on: 2017-03-31 Dale Johns
2017-03-31 Respondent's factum, (Book Form), Completed on: 2017-03-31 Dale Johns
2017-03-31 Motion to strike out, (Book Form), Portions of the Appellant's factum (In the alternative, to adduce new evidence)., Completed on: 2017-03-31 Dale Johns
2017-03-09 Order on motion for leave to intervene, by MR. JUSTICE WAGNER
2017-03-09 Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by Pro Bono Ontario and Access Pro Bono Society of British Columbia (jointly) and the National Self-Represented Litigants Project for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said two (2) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before April 6, 2017.
The said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The interveners are not entitled to raise new issues or to adduce further evidence or to otherwise supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2017-03-09 Submission of motion for leave to intervene, Wa
2017-03-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-06 Dale Johns
2017-03-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-03 Valentin Pintea
2017-02-28 Notice of name National Self-Represented Litigants Project
2017-02-27 Notice of name Pro Bono Ontario
2017-02-27 Motion for leave to intervene, (Book Form), (jointly with Access Pro Bono Society of British Columbia) , Completed on: 2017-02-27 Pro Bono Ontario
2017-02-24 Motion for leave to intervene, (Book Form), Completed on: 2017-02-24, (Printed version filed on 2017-02-27) National Self-Represented Litigants Project
2017-02-22 Notice of hearing sent to parties
2017-02-21 Appeal hearing scheduled, 2017-04-18, (previously scheduled for April 25, 2017)
Judgment rendered
2017-02-10 Certificate of counsel (attesting to record) Valentin Pintea
2017-02-10 Appellant's book of authorities, (Book Form), Completed on: 2017-02-10 Valentin Pintea
2017-02-10 Appellant's record, (Book Form), Completed on: 2017-02-10 Valentin Pintea
2017-02-10 Appellant's factum, (Book Form), Completed on: 2017-02-10 Valentin Pintea
2016-12-06 Notice of change of counsel, Gowling WLG (Canada) LLP is replacing Don G. Detomasi from Scott Venturo LLP Dale Johns
2016-11-28 Notice of appeal, (Letter Form), Completed on: 2016-11-28, (Electronic version filed on 2016-11-28) Valentin Pintea
2016-11-02 Order by, the Chief Justice
, CJ, IT IS HEREBY ORDERED THAT:
1.Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 27, 2017.
2.The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before March 6, 2017.
3.Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 8, 2017.
4.Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 7, 2017.
Granted
2016-11-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-10-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-10-28 Judgment on leave sent to the parties
2016-10-27 Decision on the application for leave to appeal, CJ Wa Ga,
The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0047-AC, 2016 ABCA 99, dated May 2, 2016, is granted with costs to be decided by the panel hearing the appeal.
Granted, with costs
2016-09-26 All materials on application for leave submitted to the Judges, CJ Wa Ga
2016-09-09 Applicant's reply to respondent's argument, Completed on: 2016-09-09 Valentin Pintea
2016-08-30 Certificate (on limitations to public access) Dale Johns
2016-08-30 Respondent's response on the application for leave to appeal, Completed on: 2016-08-30 Dale Johns
2016-08-15 Correspondence received from, Return of the C/A order form Valentin Pintea
2016-08-02 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2016-08-02
2016-07-29 Certificate (if inappropriate for a judge to take part in adjudication) Valentin Pintea
2016-07-29 Certificate (on limitations to public access) Valentin Pintea
2016-07-29 Book of authorities Valentin Pintea
2016-07-29 Application for leave to appeal, C/A order missing, Completed on: 2016-10-12 Valentin Pintea