Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36380
Scott & Associates Engineering Ltd. v. Finavera Renewables Inc.
(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 | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
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 1301-0333-AC, 2015 ABCA 51, dated February 9, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2015-08-06 | Correspondence received from, John E. Fletcher by email, re: appealing the Registrar's decision | Scott & Associates Engineering Ltd. |
| 2015-08-05 | Correspondence received from, John E. Flecther by email, re: case summary | Scott & Associates Engineering Ltd. |
| 2015-08-04 | Correspondence (sent by the Court) to, John E. Fletcher, re: case summary | |
| 2015-07-31 | Correspondence received from, John E. Fletcher by email, re: case summary | Scott & Associates Engineering Ltd. |
| 2015-07-29 | Correspondence received from, John E. Fletcher by email, re: accuracy of case summary | Scott & Associates Engineering Ltd. |
| 2015-07-13 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-05-19 | Notice of name, (Letter Form), (Electronic version filed on 2015-05-19) | Scott & Associates Engineering Ltd. |
| 2015-05-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-05-19, (Electronic version filed on 2015-05-19) | Scott & Associates Engineering Ltd. |
| 2015-05-08 | Notice of name, (Letter Form), (Electronic version due on 2015-05-15) | Finavera Renewables Inc. |
| 2015-05-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-05-25) | Finavera Renewables Inc. |
| 2015-05-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-05-20, (Electronic version filed on 2015-05-08) | Finavera Renewables Inc. |
| 2015-04-14 | General proceeding, (Letter Form), Formal Order Form rec'd by email re: CA Order will be filed on or around 2015-05-25 - original rec'd 2015-04-17 | Scott & Associates Engineering Ltd. |
| 2015-04-08 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File open | |
| 2015-04-07 | Correspondence received from, (Letter Form), John Fletcher re: Court of Appeal Order will follow see Tab 2D in Volume 1 of the application, (Electronic version filed on 2015-04-07) | Scott & Associates Engineering Ltd. |
| 2015-04-07 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-04-08) | Scott & Associates Engineering Ltd. |
| 2015-04-07 | Application for leave to appeal, (Book Form), Vol. 1 and 2 - CA Order 2015-05-26, Completed on: 2015-05-28, (Electronic version filed on 2015-04-07) | Scott & Associates Engineering 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 |
|---|---|---|
| Scott & Associates Engineering Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Finavera Renewables Inc. | Respondent | Active |
Counsel
Party: Scott & Associates Engineering Ltd.
Counsel
B208 - 12445 Lake Fraser Drive SE
Calgary, Alberta
T2J 7A4
Telephone: (403) 225-2600
FAX: (403) 225-3200
Email: john.fletcher@shaw.ca
Party: Finavera Renewables Inc.
Counsel
421 - 7th Avenue S.W.
Suite 1600
Calgary, Alberta
T2P 4K9
Telephone: (403) 298-1000 Ext: 39815
FAX: (403) 263-9193
Email: paul.edwards@gowlingwlg.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.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.
Unjust enrichment — Equitable remedies — Constructive trust — The scope of the exercise of judicial discretion in selecting the appropriate equitable remedy for an unjust enrichment in a commercial relationship — Whether the exercise of judicial discretion in granting an equitable award or a monetary remedy in the context of a commercial relationship should be fair and just when the probability of recovery is remote and when the alternative remedy of a constructive trust is available — Whether an existing fiduciary relationship is a prerequisite to a declaration of a constructive trust for a wrongful act in a commercial relationship — What constitutes dishonesty when there is a breach of an implied duty to act honestly — When a constructive trust can both recognize and create a right to property — The rights of third parties in the selection of an equitable remedy when there has been an unjust enrichment — When the remedy for unjust enrichment arises.
Lower court rulings
Court of Queen’s Bench of Alberta
0701 08472, 2013 ABQB 273
see file
Court of Appeal of Alberta (Calgary)
1301-0333-AC, 2015 ABCA 51
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
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