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Case information

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28828

Duncan & Craig, et al. v. West Edmonton Mall Property Inc., et al.

(Alberta) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2002-04-19 Close file on Leave
2002-03-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2002-03-05 Copy of formal judgment on leave being prepared
2002-03-01 Notice of deposit of judgment issued to all parties
2002-02-28 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
2002-01-28 All materials on application for leave submitted to the Judges, (Bench changed from G M Leb to CJ G Leb on Feb. 4), CJ G LeB
2001-10-17 Respondent's response on the application for leave to appeal, Completed on: 2001-10-17 West Edmonton Mall Property Inc.
2001-10-17 Letter acknowledging receipt of a complete application for leave to appeal
2001-09-27 Application for leave to appeal, 2 volumes(corrected cover pages received Oct 19, 2001) - formal order of T.C., Justice Watson requested on Jan. 29, 2002) - formal order of Justice Watson received Jan. 31, 2002, Completed on: 2002-01-30 Duncan & Craig

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

Main parties - Appellants
Name Role Status
Duncan & Craig Applicant Active
Exelby & Partners Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
West Edmonton Mall Property Inc. Respondent Active
WEM Holdings Inc., 218703 Alberta Ltd., 298936 Alberta Ltd., 342322 Alberta Ltd., 298926 Alberta Ltd., ABNR Equities Corp., ALFAM Properties Corp. Bahman Ghermezian, Raphael Ghermezian, Eskander Ghermezian, Nader Ghermezian and Triple Five Properties Inc. Respondent Active

Counsel

Party: Duncan & Craig

Counsel
Names
Phyllis A. Smith, Q.C.
A. Naomi Nind
Contact information
Emery Jamieson
1700 - 10235, 101 ST
EDMONTON, Alberta
T5J 3G1
Telephone: (403) 426-5220
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: Exelby & Partners Ltd.

Counsel
Name
Phyllis A. Smith, Q.C.
Contact information
Emery Jamieson
1700 - 10235, 101 ST
EDMONTON, Alberta
T5J 3G1
Telephone: (403) 426-5220
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: West Edmonton Mall Property Inc.

Counsel
Name
Dan Gallagher
Contact information
Bennett Jones
4500 Bankers Hall East
855 - 2nd Street S.W.
Calgary, Alberta
T2P 4K7
Telephone: (403) 298-2580
FAX: (403) 265-7219
Email: gallagherd@bennettjones.ca
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: WEM Holdings Inc., 218703 Alberta Ltd., 298936 Alberta Ltd., 342322 Alberta Ltd., 298926 Alberta Ltd., ABNR Equities Corp., ALFAM Properties Corp. Bahman Ghermezian, Raphael Ghermezian, Eskander Ghermezian, Nader Ghermezian and Triple Five Properties Inc.

Counsel
Name
Dan Gallagher
Contact information
Bennett Jones
4500 Bankers Hall East
855 - 2nd Street S.W.
Calgary, Alberta
T2P 4K7
Telephone: (403) 298-2580
FAX: (403) 265-7219
Email: gallagherd@bennettjones.ca
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Summary

Keywords

None.

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.

None.

Lower court rulings

May 16, 2000
Court of Queen’s Bench of Alberta


Applicant Duncan & Craig, Barristers & Solicitors restrained from acting for the Applicant Trustee in Bankruptcy, Exelby & Partners Ltd.

December 12, 2000
Court of Queen’s Bench of Alberta

BK03-81281

Respondents' application for order removing Applicant Duncan & Craig as solicitors for Applicant Exelby & Partners, dismissed.

February 14, 2001
Court of Appeal of Alberta (Edmonton)


Leave to appeal granted and order of chambers judge stayed until appeal heard.

September 14, 2001
Court of Appeal of Alberta (Edmonton)

0003-0567AC

Appeal allowed; Applicant Duncan & Craig enjoined from acting for Applicant Exelby & Partners Ltd.

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

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

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

Webcasts

Not available.

Date modified: 2025-02-27