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28834

The Crown in Right of Alberta, et al. v. Audrey Allen, 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)
2005-06-17 Payment out cheque issued, ($537.67)
2005-05-10 Approved order for payment out, sent to Finance May 10/05
2003-03-31 Appeal closed
2003-03-25 Correspondence received from, M. Healey dated March 25, 2003 (fax copy) re: names of counsel who should appear on the judgment The Crown in Right of Alberta
2003-03-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-03-20 Written reasons rendered after oral judgment, CJ Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 9903-0401-AC, dated June 29, 2001, was heard on December 10, 2002 and the Court on that day delivered the following judgment orally:

The appeal is allowed with reasons to follow.

On this day reasons were delivered and the judgment was restated as follows:

The appeal is allowed, the judgment of the Alberta Court of Appeal is reversed, and the judgment of the Court of Queen's Bench staying the action is reinstated, with costs throughout.
Allowed, with costs
2002-12-27 Transcript received
2002-12-11 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-12-10 Acknowledgement and consent for video taping of proceedings
2002-12-10 Judgment reserved OR rendered with reasons to follow
2002-12-10 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 9903-0401-AC, dated June 29, 2001, was heard this day and the following judgment was rendered:
The Chief Justice: (orally)
The appeal is allowed with reasons to follow.
(REASONS DELIVERED MARCH 20, 2003)
Allowed
2002-12-10 Hearing of the appeal, 2002-12-10, (V083), CJ Ia Ma Ba Bi Arb LeB
Judgment rendered
2002-12-04 Notice of appearance, (Letter Form), of G. Brent Gawne, dated Dec. 4. Audrey Allen
2002-10-15 Notice of hearing, (revised notice received on Oct. 25, 2002) The Crown in Right of Alberta
2002-10-10 Respondent's book of authorities, Completed on: 2002-10-10 Audrey Allen
2002-10-10 Respondent's record, Completed on: 2002-10-10 Audrey Allen
2002-10-10 Respondent's factum, Completed on: 2002-10-10 Audrey Allen
2002-09-09 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-09-09 Appeal hearing scheduled, 2002-12-10
Judgment rendered
2002-08-14 Appellant's book of authorities, Completed on: 2002-08-14 The Crown in Right of Alberta
2002-08-14 Appellant's record, Completed on: 2002-08-14 The Crown in Right of Alberta
2002-08-14 Appellant's factum, Completed on: 2002-08-14 The Crown in Right of Alberta
2002-08-07 Appeal court record, joint with Trial Court Record (1 small box)
2002-04-23 Order granting leave to appeal
2002-04-15 Notice of deposit for security The Crown in Right of Alberta
2002-04-15 Notice of appeal, Completed on: 2002-04-15 The Crown in Right of Alberta
2002-03-15 Correspondence (sent by the Court) to, to all parties; re: filing timetable / tentative hearing date
2002-03-15 Notice of deposit of judgment issued to all parties
2002-03-14 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicants in any event of the cause.
Granted, with costs
2002-01-28 All materials on application for leave submitted to the Judges, CJ Ia Arb
2001-11-13 Correspondence received from, M. Healey dated Nov. 12, 2001 (fax copy) re: order of the C.A. has not been entered yet (original received Nov. 14, 2001) The Crown in Right of Alberta
2001-11-01 Applicant's reply to respondent's argument, Completed on: 2001-11-01 The Crown in Right of Alberta
2001-10-30 Letter acknowledging receipt of an incomplete application for leave to appeal
2001-10-26 Correspondence received from, Tara Cox dated Oct. 26/01( Informing that they are agents for the respondents and enclosing respondents' response and affidavit of service) Audrey Allen
2001-10-26 Respondent's response on the application for leave to appeal, Completed on: 2001-10-26 Audrey Allen
2001-09-27 Application for leave to appeal, (formal order of C.A. received Nov. 20, 2001), Completed on: 2001-11-26 The Crown in Right of Alberta

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
The Crown in Right of Alberta Appellant Active
Dixon, Public Service Commissioner of Alberta, Jim Appellant Active

v.

Main parties - Respondents
Name Role Status
Allen, Audrey Respondent Active
William Bentley, Faye Chorney, B.C. Desai, Po Y. Fok, Cynthia Formaniuk, Larry Fraser, Cecile Gartner, George Gordon, Joseph Huba, Allan Jones, James Kocyba, Sai-Bong Lee, Patrick Malcolmson, Donald Maltais, Harold Matheson, Robert Osokin Respondent Active
Christine Ostanoski, George Parsons, Beverly Peterson, Satwant Rakhra, Alfred Richards, Robert Roseberg, Fernando Raul Scherpenisse, Duane Sears, Volesh Shaikh, Normin Simpson, Robin Sundstrom, Christine Vaillancourt, Donna Vanderbrink Respondent Active
Daniel Warkentin, Edward Waud and Nyuk-Ken Wong Respondent Active

Counsel

Party: The Crown in Right of Alberta

Counsel
Names
Hugh J.D. McPhail, Q.C.
David J. Ross, Q.C.
Contact information
McLennan Ross
West Chambers
600 - 12220 Stony Plain Rd. N.W.
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-9200
FAX: (780) 482-9100
Email: hmcphail@mross.com
Agent
Name
Martha A. Healey
Contact information
Ogilvy, Renault
Suite 1500
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: mhealey@ogilvyrenault.com

Party: Dixon, Public Service Commissioner of Alberta, Jim

Counsel
Name
Hugh J.D. McPhail, Q.C.
Contact information
McLennan Ross
West Chambers
600 - 12220 Stony Plain Rd. N.W.
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-9200
FAX: (780) 482-9100
Email: hmcphail@mross.com
Agent
Name
Martha A. Healey
Contact information
Ogilvy, Renault
Suite 1500
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: mhealey@ogilvyrenault.com

Party: Allen, Audrey

Counsel
Name
G. Brent Gawne
Contact information
3100 Manulife Place
10180 101 St. N.W.
Edmonton, Alberta
T5J 3S4
Telephone: (780) 421-1132
FAX: (780) 429-1440
Agent
Name
Stephen B. Acker
Contact information
Johnston & Buchan LLP
275 Slater St
17th Fl
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423

Party: William Bentley, Faye Chorney, B.C. Desai, Po Y. Fok, Cynthia Formaniuk, Larry Fraser, Cecile Gartner, George Gordon, Joseph Huba, Allan Jones, James Kocyba, Sai-Bong Lee, Patrick Malcolmson, Donald Maltais, Harold Matheson, Robert Osokin

Counsel
Name
G. Brent Gawne
Contact information
3100 Manulife Place
10180 101 St. N.W.
Edmonton, Alberta
T5J 3S4
Telephone: (780) 421-1132
FAX: (780) 429-1440
Agent
Name
Stephen B. Acker
Contact information
Johnston & Buchan LLP
275 Slater St
17th Fl
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423

Party: Christine Ostanoski, George Parsons, Beverly Peterson, Satwant Rakhra, Alfred Richards, Robert Roseberg, Fernando Raul Scherpenisse, Duane Sears, Volesh Shaikh, Normin Simpson, Robin Sundstrom, Christine Vaillancourt, Donna Vanderbrink

Counsel
Name
G. Brent Gawne
Contact information
3100 Manulife Place
10180 101 St. N.W.
Edmonton, Alberta
T5J 3S4
Telephone: (780) 421-1132
FAX: (780) 429-1440
Agent
Name
Stephen B. Acker
Contact information
Johnston & Buchan LLP
275 Slater St
17th Fl
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423

Party: Daniel Warkentin, Edward Waud and Nyuk-Ken Wong

Counsel
Name
G. Brent Gawne
Contact information
3100 Manulife Place
10180 101 St. N.W.
Edmonton, Alberta
T5J 3S4
Telephone: (780) 421-1132
FAX: (780) 429-1440
Agent
Name
Stephen B. Acker
Contact information
Johnston & Buchan LLP
275 Slater St
17th Fl
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423

Summary

Keywords

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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 5, 1999
Court of Queen’s Bench of Alberta

9803-20602

Applicant's motion to strike out Respondent's action, granted; Respondent's action for severance pay, stayed

June 29, 2001
Court of Appeal of Alberta (Edmonton)

9903-0401-AC

Appeal allowed; motion to strike out action, 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

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: 2025-05-13