Case information
Consult our database for details on a Supreme Court of Canada case.
37626
V. Lorne Humphreys, et al. v. Barry Trebilcock, 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) |
|---|---|---|
| 2017-12-18 | Close file on Leave | |
| 2017-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-15 | Judgment on leave sent to the parties | |
| 2017-12-14 |
Judgment of the Court on the application for leave to appeal, The motion to join two orders so that a single application for leave to appeal may be filed is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Numbers 1603-0275-AC and 1603-0276-AC, 2017 ABCA 116, dated April 19, 2017, is dismissed with costs in accordance with the Tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2017-12-14 |
Decision on the miscellaneous motion, See decision on application Granted |
|
| 2017-11-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-11-06 | Submission of miscellaneous motion, for consideration by the Court | |
| 2017-08-30 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-08-30 | V. Lorne Humphreys |
| 2017-08-22 | Certificate (on limitations to public access), (Letter Form), Amended | Barry Trebilcock |
| 2017-08-21 | Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal) | Barry Trebilcock |
| 2017-08-21 | Notice of name, (Included in the respondent's response on the application for leave to appeal) | Barry Trebilcock |
| 2017-08-21 | Book of authorities, (Book Form), for the response., Completed on: 2017-08-21 | Barry Trebilcock |
| 2017-08-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-21 | Barry Trebilcock |
| 2017-06-23 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2017-06-23) | |
| 2017-06-22 | Notice of miscellaneous motion, (Letter Form), Motion to join. Payment missing (received 2017-06-26)., Completed on: 2017-07-06, (Electronic version filed on 2017-06-22) | V. Lorne Humphreys |
| 2017-06-22 | Certificate (on limitations to public access), (Letter Form) | V. Lorne Humphreys |
| 2017-06-16 | Notice of name, (Letter Form) | V. Lorne Humphreys |
| 2017-06-16 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2017-06-16 | V. Lorne Humphreys |
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 |
|---|---|---|
| Humphreys, V. Lorne | Applicant | Active |
| Brodlor Foods Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Trebilcock, Barry | Respondent | Active |
| Sebastian Hanne, Juergen Hanne, Calgary Ventures Inc., Contura Consulting Ltd., Bauland Inc., Lux Real Investments Ltd. and Troyvest Estates Ltd. | Respondent | Active |
Counsel
Party: Humphreys, V. Lorne
Counsel
Kajal Ervin
800-304 8 Avenue, S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1507
FAX: (403) 571-1528
Email: gsolomon@jssbarristers.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Brodlor Foods Inc.
Counsel
Kajal Ervin
800-304 8 Avenue, S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1507
FAX: (403) 571-1528
Email: gsolomon@jssbarristers.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Trebilcock, Barry
Counsel
Michael O'Brien
E. Mark Keohane
3500 Bankers Hall East
855 - 2nd St SW
Calgary, Alberta
T2P 4J8
Telephone: (403) 260-9654
FAX: (403) 260-9700
Email: dwm@blakes.com
Agent
340 Albert Street
Suite 1750, Constitution Square
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: alexandra.kozlov@blakes.com
Party: Sebastian Hanne, Juergen Hanne, Calgary Ventures Inc., Contura Consulting Ltd., Bauland Inc., Lux Real Investments Ltd. and Troyvest Estates Ltd.
Counsel
Michael O'Brien
E. Mark Keohane
3500 Bankers Hall East
855 - 2nd St SW
Calgary, Alberta
T2P 4J8
Telephone: (403) 260-9654
FAX: (403) 260-9700
Email: dwm@blakes.com
Agent
340 Albert Street
Suite 1750, Constitution Square
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: alexandra.kozlov@blakes.com
Summary
Keywords
Administrative law — Appeals — Standard of review — Civil procedure — Delay application — Court of Appeal dismissing claims for delay — Appropriate degree of deference owed to findings of fact, findings of mixed fact and law and exercise of discretion by courts of first instance within context of litigation delay — Whether defendants’ delays should be factor in determining whether there has been inordinate delay — Rule 4.31 of the Alberta Rules of Court, Alta. Reg. 124/2010.
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.
The applicants, V. Lorne Humphreys and Brodlor Foods Inc. commenced an action in the lower court against the respondent individuals and corporations claiming they were engaged in fraudulent business practices.
The action was commenced in December 2006. The Court of Appeal found that the action itself will probably not be tried until 2020. Roughly 9.5 years after the lawsuit was commenced, the respondents sought dismissal of the action under Rule 4.31 of the Alberta Rules of Court claiming litigation and nonlitigation prejudice.
The motion judge dismissed the two delay applications. The Court of Appeal allowed the appeals and dismissed the actions.
Lower court rulings
Court of Queen’s Bench of Alberta
0603 15792, 2016 ABQB 579
Application to strike plaintiffs V. Lorne Humphreys and Brodlor Foods Inc.’s claim on the basis of delay and alleged prejudice, dismissed.
Court of Appeal of Alberta (Edmonton)
1603-0275-AC, 1603-0276-AC, 2017 ABCA 116
Appeals allowed. Claims dismissed pursuant to Rule 4.31(1) of the Alberta Rules of Court.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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