Case information
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34062
Yen Thai, et al. v. Doug Poffenroth, 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) |
|---|---|---|
| 2011-07-08 | Close file on Leave | |
| 2011-07-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-07-08 | Judgment on leave sent to the parties | |
| 2011-07-07 |
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 1001-0060-AC, 2010 ABCA 347, dated November 18, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2011-06-06 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-03-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2011-03-25 | Doug Poffenroth |
| 2011-03-25 | Correspondence received from, Dale Ellert dated March 23, 2011. re: Draft c/a order | Doug Poffenroth |
| 2011-02-24 | Correspondence received from, Yen Thai dated February 24, 2011. Re: Return of the C/A order form | Yen Thai |
| 2011-01-27 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2011-01-14 | Application for leave to appeal, C/A order missing - Rec'd on May 6, 2011, Completed on: 2011-05-06 | Yen Thai |
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 |
|---|---|---|
| Thai, Yen | Applicant | Active |
| 794321 AB. Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Poffenroth, Doug | Respondent | Active |
| Cush, John | Respondent | Active |
Counsel
Party: Thai, Yen
This party is not represented by counsel.
Party: 794321 AB. Ltd.
This party is not represented by counsel.
Party: Poffenroth, Doug
Counsel
510 - 706 7th Avenue S.W.
Calgary, Alberta
T2P 0Z1
Telephone: (403) 269-3315 Ext: 228
FAX: (403) 269-3329
Email: dale.ellert@ellertlaw.com
Party: Cush, John
Counsel
510 - 706 7th Avenue S.W.
Calgary, Alberta
T2P 0Z1
Telephone: (403) 269-3315 Ext: 228
FAX: (403) 269-3329
Email: dale.ellert@ellertlaw.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 — Property — Condominiums — Civil procedure — Injunctions — Companies belonging to owners/board members providing maintenance and repair services to condominium corporation — Other owner/board member alleging conflict of interest and requesting injunction — Whether chambers judge erred in presetting unnecessary tripartite test of irreparable harm and balance of inconvenience which are not required under the Alberta Condominium Property Act — Whether Court of Appeal erred in law when they failed to overturn decision of chambers judge — Whether s. 15 Charter rights to be equal before and under the law, to have equal protection and benefit from the law, namely the Alberta Condominium Property Act, were infringed.
The Applicants own two units in a Calgary condominium and the Respondents own the remaining six units. The Respondents also own companies which provided the condominium with maintenance and repairs services. All of the units were rental properties. From 2005 to late 2009, all the parties were directors of the condominium board. Disagreements arose between the Applicants and Respondents and the Applicants stopped paying condominium fees, alleged a conflict of interest between the Respondents and their companies, and eventually brought an application seeking various remedies, including an injunction restraining the Respondents from issuing cheques from the condominium account to their companies; prohibiting the Respondents from illegal voting; directing that a property manager be hired, and; directing an order for restitution of funds paid to the Respondents' companies.
The Alberta Court of Queen’s Bench dismissed the Applicants’ application and ordered costs against them, finding the requirements for an injunction had not been met. The Alberta Court of Appeal dismissed the Applicants’ appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
0901-12990
Applicants' application for injunction, dismissed.
Court of Appeal of Alberta (Calgary)
1001-0060-AC, 2010 ABCA 347
Applicants' 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
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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