Case information
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30157
ESA Holdings Ltd. v. Caleron Properties Ltd., et al.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-06-01 | Close file on Leave | |
| 2005-06-01 | Correspondence received from, E.R. Shymka dated May 30, 2005 (fax copy) re: will be filing an extension of time with a motion pursuant to Rule 73 (joint) | ESA Holdings Ltd. |
| 2005-06-01 | Notice of change of solicitor, (Letter Form), from E. R. Shymka dated May 30, 2005 (fax copy) re: T. Mayson passed away and he is now acting for the applicant (joint letter) | ESA Holdings Ltd. |
| 2005-05-24 | Certificate of taxation issued to, J. Moroz of Shea, Nerland, Calnan | |
| 2005-05-24 | Decision on the bill of costs, taxed at the amount of $950.09, Reg | |
| 2005-05-19 | Submission of the bill of costs, Reg | |
| 2005-04-21 | Reply to the bill of costs, (Letter Form), J. Moroz dated April 20, 2005, Completed on: 2005-04-21 | Caleron Properties Ltd. |
| 2005-04-15 | Response to the bill of costs, (Letter Form), from E. Shymka dated April 15, 2005 (fax copy), Completed on: 2005-04-15 | ESA Holdings Ltd. |
| 2005-04-08 | Bill of costs, Completed on: 2005-04-14 | Caleron Properties Ltd. |
| 2004-10-01 | Judgment on leave sent to the parties | |
| 2004-09-30 |
Judgment of the Court on the application for leave to appeal, The motion to adduce new evidence and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0301-0057-AC, dated December 5, 2003, are dismissed with costs. Dismissed, with costs |
|
| 2004-09-30 |
Decision on motion to adduce new evidence, The motion to adduce nesw evidence is dismissed with costs. Dismissed, with costs |
|
| 2004-07-26 | Submission of motion to adduce new evidence, Ba LeB De | |
| 2004-07-26 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-07-09 | Response to the motion to adduce new evidence, (book form) - 6 copies, Completed on: 2004-07-09 | Caleron Properties Ltd. |
| 2004-07-09 | Respondent's response on the application for leave to appeal, (see Bastarache's order), Completed on: 2004-07-09 | Caleron Properties Ltd. |
| 2004-06-30 | Motion to adduce new evidence, book form (service in book form received on July 9, 2004) - 4 copies, Completed on: 2004-07-09 | ESA Holdings Ltd. |
| 2004-06-14 | Supplemental document, (new version of vol. 1 of leave application, pursuant to Bastarache J.'s order dated May 10, 2004) | ESA Holdings Ltd. |
| 2004-06-11 | Correspondence received from, T. Mayson dated June 10, 2004 re: enclosing a revised vol. 1 of the application for leave to appeal, pursuant to Justice Bastarache's order dated May 10, 2004 | ESA Holdings Ltd. |
| 2004-05-10 | Order on motion to strike out, (BY BASTARACHE J.) | |
| 2004-05-10 |
Decision on motion to strike out, Ba, UPON APPLICATION by the respondents for an order striking the affidavit of Ernest Shymka, dated January 29, 2004; 2) striking pages 75 to 156 and 175 to 183 of the applicant's material; 3) striking the applicant's memorandum of argument; 4) in the alternative, permitting the respondents to file a transcript of its cross-examination on the affidavit of Ernest Shymka filed February 9, 2004 in the Alberta Court of Appeal, as well as a memorandum of the reasons for decision of Wittmann J.A. pronounced February 12, 2004; 5) extending the time to serve and file a response to the application for leave to appeal; 6) awarding costs of this motion on a solicitor-client basis, payable forthwith; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted with costs. No application to file fresh evidence was made. The evidence sought to be introduced indirectly was the object of a fresh evidence application in the Court of Appeal; the application was denied. Only material being part of the record before the Court of Appeal may be filed and form the object of comment and argument in affidavits in support of the motion for leave to appeal and memorandum of argument. Granted, with costs |
|
| 2004-05-10 | Order on motion to extend the time to file and/or serve the leave application, (BY BASTARACHE J.) | |
| 2004-05-10 |
Decision on motion to extend time to file and /or serve the leave application, Ba, The application for an order extending the time to file the application for leave to appeal to February 4, 2004, and to serve the application for leave to appeal to March 26, 2004, is granted. Granted |
|
| 2004-05-05 | Submission of motion to strike out, Ba | |
| 2004-05-05 | Submission of motion to extend time to file and/ or serve the leave application, Ba | |
| 2004-04-30 | Reply to motion to strike out, (Letter Form), from J. Moroz dated April 30, 2004 (fax copy) re: will not be filing a reply to the response filed by ESA Holdings Ltd., Completed on: 2004-04-30 | Caleron Properties Ltd. |
| 2004-03-18 | Discontinuance of motion for a stay, see letter from Tom Mayson dated March 16, 04 | ESA Holdings Ltd. |
| 2004-03-18 | Correspondence received from, Tom Mayson, no longer necessary to pursue a Stay at the SCC, has applied to the Court of Appeal of Alberta. | ESA Holdings Ltd. |
| 2004-03-09 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-03-04 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2004-03-04 | Caleron Properties Ltd. |
| 2004-03-02 | Motion for a stay of execution, incl. in leave application,, Completed on: 2004-07-23 | ESA Holdings Ltd. |
| 2004-03-02 | Response to motion to strike out, re: affidavit of E. Shymka, to file additional materials and ext. of time to file respondents' response (book form) (service rec'd March 18, 04), Completed on: 2004-03-09 | ESA Holdings Ltd. |
| 2004-03-02 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2004-07-30 | ESA Holdings Ltd. |
| 2004-02-24 | Motion to extend time, to file respondents' response to the Application for leave, joint with motion to strike and to file additional materials, Completed on: 2004-02-24 | Caleron Properties Ltd. |
| 2004-02-24 | Motion to strike out, Affidavit of Ernest Shymka, mem. of argument, pages 75-156 and 175-183 of Applicant's material relied upon, JOINT with motion to file supplemental materials, Completed on: 2004-02-24 | Caleron Properties Ltd. |
| 2004-02-04 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-02-04 | Application for leave to appeal, (revised copies rec'd March 2/04)(Vol. 1, 2 & 3) - new version of vol. 1 received on June 11, 2004, pursuant Bastarache J.'s order dated May 10, 2004, Completed on: 2004-03-31 | ESA Holdings Ltd. |
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 |
|---|---|---|
| ESA Holdings Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Caleron Properties Ltd. | Respondent | Active |
| Slater, Ronald William | Respondent | Active |
Counsel
Party: ESA Holdings Ltd.
Counsel
124, 4909 - 17 Avenue S.E.
Calgary, Alberta
T2A 0V5
Telephone: (403) 263-0000
FAX: (403) 236-0424
Party: Caleron Properties Ltd.
Counsel
715 - 5th Avenue S.W.
Suite 1900
Calgary, Alberta
T2P 2X6
Telephone: (403) 299-9671
FAX: (403) 299-9601
Party: Slater, Ronald William
Counsel
715 - 5th Avenue S.W.
Suite 1900
Calgary, Alberta
T2P 2X6
Telephone: (403) 299-9671
FAX: (403) 299-9601
Summary
Keywords
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Summary
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Lower court rulings
Court of Queen’s Bench of Alberta
9501-006269
Respondents' action for quantum meruit granted; Applicant to pay Respondent Caleron $114,792.31; Applicant's counterclaim dismissed
Court of Appeal of Alberta (Calgary)
0301-0057 AC
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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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.
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