Case information
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37099
Steven Ward Leason v. Alyssa-Rea Doranne McAlpine
(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) |
|---|---|---|
| 2016-11-15 | Close file on Leave | |
| 2016-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-14 | Judgment on leave sent to the parties | |
| 2016-11-10 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0249-AC, 2016 ABCA 153, dated May 11, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-11-10 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-10-11 | All materials on application for leave submitted to the Judges, Mo Côt Br | |
| 2016-10-11 | Submission of motion to extend time to file and/ or serve the leave application, Mo Côt Br | |
| 2016-09-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) | Steven Ward Leason |
| 2016-08-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-30) | Alyssa-Rea Doranne McAlpine |
| 2016-08-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-08-30, (Electronic version filed on 2016-08-30) | Alyssa-Rea Doranne McAlpine |
| 2016-07-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2016-07-07 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal), (Electronic version filed on 2016-07-13) | Steven Ward Leason |
| 2016-07-07 |
Application for leave to appeal, (Book Form), Amended application rec'd 2016/09/19; Amended notice (rec'd 2016/09/19) inserted into amended application , Completed on: 2016-07-07, (Electronic version filed on 2016-07-13) |
Steven Ward Leason |
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 |
|---|---|---|
| Leason, Steven Ward | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Doranne McAlpine, Alyssa-Rea | Respondent | Active |
Counsel
Party: Leason, Steven Ward
Counsel
205, 535-10th Avenue S.W.
Calgary, Alberta
T2R 0A8
Telephone: (403) 718-9891
FAX: (403) 538-3777
Email: paul@allyjanlaw.com
Party: Doranne McAlpine, Alyssa-Rea
Counsel
8, 2400 Centre Street N
Calgary, Alberta
T2E 2T9
Telephone: (403) 508-1900
FAX: (403) 508-1908
Email: afares@fares-law-group.com
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.
Family law – Custody – Mobility – Whether the Court of Appeal of Alberta made a material error of mixed fact and law in substituting their judgment for the judgment of the trial judge – Whether the Court of Appeal of Alberta made a material error of law in applying the test for mobility.
The Respondent, McAlpine applied to relocate with her child from Calgary to Winnipeg. She submitted that her childcare obligations rendered her unable to continue in her current employment. She sought to move to Winnipeg where family support would assist with childcare. The Applicant, Leason is the father of the child and he opposed the relocation and sought transfer of the child’s primary residence. The trial judge found that the child’s best interests were consistent with remaining in Calgary. The trial judge directed that primary care would remain with the mother until the move occurred, following which, primary care would transfer to the father. The mother’s appeal was allowed.
Lower court rulings
Court of Queen’s Bench of Alberta
FL01 16461, 2015 ABQB 630
Respondent’s application for permission to relocate with her child, dismissed
Court of Appeal of Alberta (Calgary)
1501-0249-AC, 2016 ABCA 153
Appeal allowed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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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