Case information
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36371
Wael Maged Badawy v. Ghada Hamdy Nafie
(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) |
|---|---|---|
| 2015-11-09 | Close file on Leave | |
| 2015-11-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-11-06 | Judgment on leave sent to the parties | |
| 2015-11-05 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Numbers 1301-0206-AC, 1301-0208-AC, 1301-0287-AC, 1301-0351-AC and 1401-0098-AC, 2015 ABCA 36, dated January 27, 2015, are dismissed. Dismissed |
|
| 2015-10-05 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-07-16 | Correspondence received from, Wael Badawy dated 2015-07-15. Re: No responses filed for both applications | Wael Maged Badawy |
| 2015-06-16 | Letter advising parties of a complete application for leave to appeal | |
| 2015-06-12 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Wael Maged Badawy |
| 2015-06-12 | Application for leave to appeal, Second application, Completed on: 2015-06-12 | Wael Maged Badawy |
| 2015-04-01 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-04-01 | |
| 2015-03-31 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2015-03-30 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Wael Maged Badawy |
| 2015-03-30 | Application for leave to appeal, Completed on: 2015-03-30 | Wael Maged Badawy |
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 |
|---|---|---|
| Badawy, Wael Maged | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nafie, Ghada Hamdy | Respondent | Active |
Counsel
Party: Badawy, Wael Maged
This party is not represented by counsel.
Party: Nafie, Ghada Hamdy
Counsel
200, 638 11th Avenue SW
Calgary, Alberta
T2R 0E2
Telephone: (403) 718-9580
FAX: (403) 718-9596
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.
Charter of Rights – Rights to equality and fundamental justice – Family law – Divorce – Jurisdiction – Interim orders – Validity of several interim orders governing interim custody, access, child support, exclusive possession of matrimonial home in question on challenge to validity of divorce proceedings – Parens patriae jurisdiction invoked to preserve interim orders nunc pro tunc – Whether order breaches principles of fundamental justice – Whether application of nunc pro tunc and parens patriae doctrines was an abuse of process, delayed access to justice, breached ss. 7, 15 and 24(2) of the Charter and caused prejudice to applicant – Whether principles of fundamental justice and rights and liberties breached – Whether dispute resolution process was constitutional.
The parties were married in Egypt in 2000. Each had been resident in Alberta before the wedding. The parties have three children who all reside with their mother. She filed a Statement of Claim for Divorce and Division of Matrimonial Property in July 2012. Mr. Badawy filed a Counterclaim for Divorce and Division of Matrimonial Property, alleging that neither party had been ordinarily resident in Alberta in the year preceding the filing of Ms. Nafie’s action. Ms. Nafie obtained several interim orders in her proceedings including custody, child support and exclusive possession of the matrimonial home and vehicle. Mr. Badawy appealed the interim orders, challenging the validity of the underlying divorce action on the basis that Ms. Nafie had not satisfied the residency requirements at the time of filing her action. He also challenged the constitutionality of the Judicial Dispute Resolution process in which the parties had participated.
Lower court rulings
Court of Queen’s Bench of Alberta
4801-153163
See file
Court of Queen’s Bench of Alberta
4801-153163
See file
Court of Queen’s Bench of Alberta
4801-153-163
See file
Court of Queen’s Bench of Alberta
4801-153163
See file
Court of Queen’s Bench of Alberta
2014 ABQB 262
Order that marriage valid and that Alberta courts had jurisdiction over parties’ divorce proceedings
Court of Appeal of Alberta (Calgary)
1301-0206-AC, 1301-0208-AC, 1301-0287-AC, 1301-0351-AC, 1401-0098-AC, 2015 ABCA 36
Order that Alberta courts did not have jurisdiction over divorce proceedings but preserving certain interim orders nunc pro tunc
Court of Appeal of Alberta (Calgary)
1401-0098-AC
See file
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
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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
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