Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39969
Keenan A. Feeney v. Calgary Police Service and Mike ter Kuile
(Alberta) (Civil) (By Leave)
(Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2001-0069AC, 2021 ABCA 154, dated April 30, 2021, is dismissed. Dismissed |
|
| 2023-02-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-15 | Correspondence received from, (Letter Form), Applicant will file a motion as soon as possible, (Printed version due on 2022-06-22) | Keenan A. Feeney |
| 2022-05-30 | Correspondence received from, (Letter Form), (Printed version due on 2022-06-06) | Keenan A. Feeney |
| 2022-04-26 | Notice of change of solicitor, (Letter Form), (Printed version due on 2022-05-03) | Law Society of Alberta |
| 2022-04-19 | Correspondence (sent by the Court) to, Pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada, I have determined that your application can be accepted for filing, despite the fact that it was served after the deadline for service and that your reply can be accepted for filing, despite the fact that it was served and filed after the deadline for service and filing. | |
| 2022-03-31 | Correspondence received from, (Letter Form), (Printed version due on 2022-04-07) | Keenan A. Feeney |
| 2022-03-23 |
Applicant's reply to respondent's argument, (Letter Form), Require: - motion for extension of time to file and serve (per registrar's direction dated April 19, 2022, no longer required) - Proof of service upon respondent (rec'd 2022-03-28) - Proof of service upon intervener HMTQ (rec'd 2022-03-28) - Proof of service upon intervener LSA (rec'd 2022-04-22), Completed on: 2022-04-22, (Printed version due on 2022-03-30) |
Keenan A. Feeney |
| 2022-01-20 | Notice of name, (Letter Form), (Printed version due on 2022-01-27) | Law Society of Alberta |
| 2022-01-20 | Intervener's memorandum of argument on application for leave, (Letter Form), Completed on: 2022-02-09, (Printed version filed on 2022-01-20) | Law Society of Alberta |
| 2022-01-17 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-02-01) | Calgary Police Service and Mike ter Kuile |
| 2022-01-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-02-01) | Calgary Police Service and Mike ter Kuile |
| 2022-01-17 | Notice of name, (Letter Form), (Printed version filed on 2022-02-01) | Calgary Police Service and Mike ter Kuile |
| 2022-01-17 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-02-09, (Printed version filed on 2022-02-01) | Calgary Police Service and Mike ter Kuile |
| 2021-12-23 | Certificate (on limitations to public access) | Keenan A. Feeney |
| 2021-12-23 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2021-12-23 | |
| 2021-07-12 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2021-06-28 | Supplemental document, (Letter Form), Response to Law Society Complaint, (Printed version due on 2021-07-06) | Keenan A. Feeney |
| 2021-06-25 |
Application for leave to appeal, (Book Form), SEALED - CONFIDENTIAL - RESTRICTED Filed: -Proof of service upon interveners (rec'd 2022-03-29) -Proof of service upon respondent (rec'd 2022-03-30) -Notice of application (rec'd 2021-08-09) -Signed memorandum of argument (rec'd 2021-08-09) -Signed CA judgment (rec'd 2021-08-09) -TC judgment (rec'd email 2021-08-09, confirming there is no TC Judgment) -Signed TC order (rec'd 2021-08-09) -Public Access to Information Form (rec'd 2021-12-23) -Motion for extension of time to serve application (per registrar's direction dated April 19, 2022, no longer required) -Amended notice of application citing the correct docket number (per registrar's direction dated April 19, 2022, no longer required), Completed on: 2022-04-22 |
Keenan A. Feeney |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Feeney, Keenan A. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Calgary Police Service and Mike ter Kuile | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Intervener | Active |
| Law Society of Alberta | Intervener | Active |
Counsel
Party: Feeney, Keenan A.
This party is not represented by counsel.
Party: Calgary Police Service and Mike ter Kuile
Counsel
12th Floor Calgary Municipal Building
800 Macleod Trail S.E.
Calgary, Alberta
T2G 2M3
Telephone: (403) 268-8376
FAX: (403) 268-4634
Email: colleen.sinclair@calgary.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
639 5th Avenue SW
Suite 1710
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-4433
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca
Party: Law Society of Alberta
Counsel
1900 - 520 3rd Ave SW
Calgary, Alberta
T2P 0R3
Telephone: (403) 232-9478
FAX: (403) 266-1395
Email: bwillms@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Civil procedure — Appeals — Malicious prosecution claim brought against police for having laid perjury charge — Summary dismissal of claim allowed and action dismissed — Whether application for leave to appeal raises issues of national or public importance — Whether lower courts erred in their reasoning and decisions.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The applicant brought an action against the respondents alleging malicious prosecution for having laid a perjury charge against him.
An application to summarily dismiss that charge was heard and granted by a Master of the Court of Queen’s Bench.
The chambers judge upheld the Master’s decision to summarily dismiss the action.
The Court of Appeal dismissed the subsequent appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
1801-06777, 2019 ABQB 751
Appeal of Master’s decision dismissed.
Court of Appeal of Alberta (Calgary)
2001-0069AC, 2021 ABCA 154
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available