Summary

40004

Vickea Sabourin, et al. v. P & C Lawfirm Management Inc.

(Alberta) (Civil) (By Leave)

Keywords

Commercial law — Promissory note — Motion for summary judgment granted — Whether Court of Appeal erred — Whether the applicants’ lawyer made misrepresentations — Whether the applicants were denied the opportunity to present relevant evidence — Whether the applicants were denied the right to question key witnesses — Whether the applicants were denied the right of review and taxing the billing accounts — Whether the applicants were denied the right due process of trial, procedural fairness, and opportunity to present all evidence and to be heard.

Summary

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The applicants agreed to pay the respondent, by promissory note, the principal sum of $150,000.00 on demand, with interest on the principal sum at the rate of twelve (12%) per annum. Demand was made on the promissory note. Payment was not made. Master Birkett granted the respondent’s motion for summary judgment. Justice Lee allowed the appeal and set aside the summary judgment. The Court of Appeal allowed the respondent’s appeal and granted summary judgment.

Lower Court Rulings

July 17, 2019
Court of Queen’s Bench of Alberta

1503 15537 ; 2019 ABQB 537
Applicants’ appeal allowed
December 9, 2020
Court of Appeal of Alberta (Edmonton)

1903-0207AC
Respondent’s appeal allowed