Case information
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33677
Edward Torrance, et al. v. Government of Alberta
(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) |
|---|---|---|
| 2011-04-28 | Correspondence (sent by the Court) to, Letter from the Registrar indicating nofurther recourse before the Court. | |
| 2010-11-22 | Close file on Leave | |
| 2010-11-12 | Certificate of taxation issued to, H.S. Brown | |
| 2010-10-21 | Decision on the bill of costs, in the amount of $1,260.77, Reg | |
| 2010-10-21 | Submission of the bill of costs, Reg | |
| 2010-09-14 | Response to the bill of costs, Completed on: 2010-09-14 | Edward Torrance |
| 2010-09-07 | Bill of costs, Completed on: 2010-11-10 | Government of Alberta |
| 2010-07-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-07-09 | Judgment on leave sent to the parties | |
| 2010-07-08 |
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 0901-0234 AC, 2010 ABCA 88, dated March 19, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2010-06-07 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2010-05-18 | Applicant's reply to respondent's argument, Completed on: 2010-05-18 | Edward Torrance |
| 2010-05-12 | Respondent's response on the application for leave to appeal, (service missing - rec'd by e-mail May 26/10), Completed on: 2010-05-26 | Government of Alberta |
| 2010-04-29 | Correspondence received from, Mr. Torrance dated April 27, 2010 re: filing fees | Edward Torrance |
| 2010-04-26 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2010-04-23 | Correspondence received from, Mr. Torrance dated April 20, 2010 re: filing of documents. | Edward Torrance |
| 2010-04-23 | Supplemental document, 3 volumes - 1. factum 2. Appeal Record 3. Extracts of Key Evidence | Edward Torrance |
| 2010-04-23 | Application for leave to appeal, Court of Queen's Bench's Reasons included in Court of Appeal Digest page F47 and F48 - fees rec'd Apr. 29/10, Completed on: 2010-04-23 | Edward Torrance |
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 |
|---|---|---|
| Torrance, Edward | Applicant | Active |
| Malcolm Torrance, a minor by his Next Friend, Edward Torrance | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Government of Alberta | Respondent | Active |
Counsel
Party: Torrance, Edward
This party is not represented by counsel.
Party: Malcolm Torrance, a minor by his Next Friend, Edward Torrance
This party is not represented by counsel.
Party: Government of Alberta
Counsel
1710, 639 - 5th Avenue S.W.
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-3778
FAX: (403) 662-3824
Email: jo-ann.burgess@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
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.
Charter of Rights and Freedoms – Constitutional law – Civil procedure – Whether the lower courts erred in dismissing the applicant’s action in its entirety.
The applicant, Mr. Torrance and his wife separated and she obtained initial sole custody of their minor son. The applicant eventually obtained joint custody of his son. Two years later, the applicant commenced an action against the Alberta government claiming damages of $5 million for a variety of alleged wrongs arising from his child custody litigation. At no time did the Government of Alberta seek to obtain custody of the child and the matter has always been a private one between the applicant and his wife. A chambers judge struck the Statement of Claim in its entirety finding there was no reasonable cause of action. The Court of Appeal dismissed the appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
0801-12271
Appliant's action dismissed in its entirety
Court of Appeal of Alberta (Calgary)
0901-0234 AC, 2010 ABCA 88
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