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Case information

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38186

Alex Martinez v. Roger Chaffin, et al.

(Alberta) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2020-12-09 Close file on Leave
2020-12-09 Correspondence (sent by the Court) to, all parties. Cover letter for the order of Justice Côté dated December 9, 2020.
2020-12-09 Order by, by CÔTÉ J.

WHEREAS the Registrar has sent Mr. Martinez a notice under Rule 67 of the Rules of the Supreme Court of Canada;
AND WHEREAS the Acting Registrar has requested that a judge issue an Order under Rule 66(2) of the Rules of the Supreme Court of Canada;
AND HAVING considered the material filed;
AND GIVEN THAT I am satisfied that the filing of further documents would be vexatious;
IT IS HEREBY ORDERED THAT:
Mr. Martinez is prohibited from filing further documents relating to these proceedings as of the date of this Order.
The Acting Registrar is directed to discard any documents received in this matter after the date of this Order.
2020-11-20 Correspondence received from, (Letter Form), the applicant.
Response to the Notice pursuant to Rule 67.
MISSING: proof of service (received November 24, 2020), (Printed version due on 2020-11-27) 		Alex Martinez
2020-11-12 Registered mail receipt received,
Canada Post tracking number: RN 509 361 950 CA
Notice received by the applicant on November 12, 2020
2020-11-04 Correspondence (sent by the Court) to, to all parties (letter and new notice pursuant to Rule 67 dated November 4, 2020) sent by Purolator November 4, 2020.
2019-08-21 Correspondence received from, (Letter Form), Response to Notice pursuant to Rule 67.
(original received on 2019-08-22) 		Alex Martinez
2019-08-16 Registered mail receipt received,
Canada Post tracking number: 6454852498856473
Notice received on: August 16, 2019
2019-08-09 Correspondence (sent by the Court) to, all parties (Letter and notice pursuant to Rule 67, dated August 9, 2019).
2019-06-14 Correspondence received from, (Letter Form), Alex Martinez.
NOT ACCEPTED FOR FILING.
 Alex Martinez
2019-06-13 Correspondence received from, (Book Form), Alex Martinez.
NOT ACCEPTED FOR FILING.
 Alex Martinez
2019-06-13 Correspondence received from, (Letter Form), Alex Martinez.
NOT ACCEPTED FOR FILING.
 Alex Martinez
2019-06-11 Correspondence received from, (Letter Form), Alex Martinez.
NOT ACCEPTED FOR FILING.
 Alex Martinez
2019-06-11 Correspondence received from, (Letter Form), Alex Martinez.
NOT ACCEPTED FOR FILING. 		Alex Martinez
2019-05-31 Correspondence received from, (Letter Form), Alex Martinez.
NOT ACCEPTED FOR FILING. 		Alex Martinez
2019-05-30 Correspondence received from, (Letter Form), Alex Martinez.
NOT ACCEPTED FOR FILING. 		Alex Martinez
2019-05-21 Correspondence (sent by the Court) to, the applicant. Letter from Registrar.
2019-05-03 Correspondence received from, (Letter Form), the applicant, Alex Martinez. Alex Martinez
2019-04-30 Correspondence (sent by the Court) to, the parties. Letter from Registrar (nothing further).
2019-04-16 Correspondence received from, (Letter Form), the applicant.
*Not accepted for filing* 		Alex Martinez
2019-03-28 Correspondence (sent by the Court) to, the parties. Letter from Registrar.
2019-03-26 Correspondence received from, (Letter Form), the applicant.
*Not accepted for filing
 Alex Martinez
2019-03-25 Correspondence received from, (Letter Form), the applicant.
*Not accepted for filing*
 Alex Martinez
2019-03-21 Correspondence received from, (Letter Form), the applicant.
*Not accepted for filing*
 Alex Martinez
2019-03-20 Correspondence received from, (Letter Form), the applicant.
*Not accepted for filing* 		Alex Martinez
2019-02-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-02-25 Judgment on leave sent to the parties
2019-02-21 Decision on motion to extend time to file and /or serve the leave application,
The motion for an extension of time to serve and file the application for leave to appeal is dismissed. The miscellaneous motion is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1701-0189AC, dated November 21, 2017, would have been dismissed.

Martin J. took no part in the judgment.
Dismissed
2019-02-21 Decision on the miscellaneous motion, See decision on motion to extend time.
Dismissed
2018-12-17 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-12-17 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2018-12-17 Submission of miscellaneous motion, for consideration by the Court
2018-09-05 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-09-05 Alex Martinez
2018-08-28 Certificate (on limitations to public access), (Letter Form) Donald R. Lindsay
2018-08-28 Notice of name, (Letter Form) Donald R. Lindsay
2018-08-28 Respondent's response on the application for leave to appeal, (Letter Form), service missing-rec'd 2018/08/29, Completed on: 2018-08-29 Donald R. Lindsay
2018-08-07 Correspondence received from, (Letter Form), Updated contact information Alex Martinez
2018-06-29 Letter advising parties of a complete application for leave to appeal, FILE OPENED 2018/06/29
2018-06-19 Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2018-06-19 Alex Martinez
2018-06-19 Application for leave to appeal, (Book Form), (3 volumes), Amended application, Completed on: 2018-06-19 Alex Martinez
2018-05-30 Letter requesting materials at end of review period; Court file no. not assigned
2018-04-16 Notice of miscellaneous motion, (Book Form), Motion to Review Order of Registrar, Completed on: 2018-04-16 Alex Martinez
2018-03-27 Correspondence (sent by the Court) to, the applicant. Letter from the Registrar (Premature application).
2018-02-16 Correspondence received from, (Letter Form), Adam LaRoche (by email). Response to the request for a fee waiver (no position). Donald R. Lindsay
2018-02-15 Correspondence received from, (Letter Form), Address information Karen E. Jackson
2018-02-07 Correspondence received from, (Book Form), fee waiver-granted 2018/06/29 Alex Martinez
2018-01-29 Letter acknowledging receipt of an application for leave to appeal
2018-01-16 Notice of name, (Letter Form) Alex Martinez
2018-01-16 Certificate (on limitations to public access), (Letter Form) Alex Martinez
2018-01-16 Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2018-01-19 Alex Martinez

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

Main parties - Appellants
Name Role Status
Martinez, Alex Applicant Active

v.

Main parties - Respondents
Name Role Status
Chaffin, Roger Respondent Active
Boyd, Scott Respondent Active
Nagel, Matthew Respondent Active
Walliser, Jason Respondent Active
Calgary Police Service Respondent Active
Thiessen, Brian Respondent Active
Heafey, Shirley Respondent Active
Calgary Police Commission Respondent Active
Jackson, Karen E. Respondent Active
Kress, Ken Respondent Active
University of Calgary Respondent Active
Bryden, Philip Respondent Active
Department of Justice and Solicitor General Respondent Active
Lindsay, Donald R. Respondent Active
Campbell, Glen Respondent Active
Teck Coal Limited Respondent Active
Horabin, Alexa Respondent Active
Calgary Court Centre (Civil) Respondent Active

Counsel

Party: Martinez, Alex

This party is not represented by counsel.

Party: Chaffin, Roger

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Party: Boyd, Scott

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Party: Nagel, Matthew

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Party: Walliser, Jason

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Party: Calgary Police Service

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Party: Heafey, Shirley

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Party: Calgary Police Commission

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Party: Jackson, Karen E.

Counsel
Names
Katrina Edgerton-McCutchan
Alan Rudakoff, Q.C.
Contact information
Scott Venturo LLP
1500-222 3rd Avenue S.W.
Calgary, Alberta
T2P 0B4
Telephone: (403) 261-9043
FAX: (403) 265-4632
Email: kem@scottventuro.com

Party: Kress, Ken

Counsel
Names
Katrina Edgerton-McCutchan
Alan Rudakoff, Q.C.
Contact information
Scott Venturo LLP
1500-222 3rd Avenue S.W.
Calgary, Alberta
T2P 0B4
Telephone: (403) 261-9043
FAX: (403) 265-4632
Email: kem@scottventuro.com

Party: University of Calgary

Counsel
Names
Katrina Edgerton-McCutchan
Alan Rudakoff, Q.C.
Contact information
Scott Venturo LLP
1500-222 3rd Avenue S.W.
Calgary, Alberta
T2P 0B4
Telephone: (403) 261-9043
FAX: (403) 265-4632
Email: kem@scottventuro.com

Party: Bryden, Philip

Counsel
Name
Cynthia Hykaway
Contact information
Alberta Justice and Solicitor General
Legal Service Division
Suite1710; 639 5th Avenue SW
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-2001
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca

Party: Department of Justice and Solicitor General

Counsel
Name
Cynthia Hykaway
Contact information
Alberta Justice and Solicitor General
Legal Service Division
Suite1710; 639 5th Avenue SW
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-2001
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca

Party: Lindsay, Donald R.

Counsel
Name
Adam LaRoche
Contact information
Osler, Hoskin & Harcourt LLP
450-1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7039
FAX: (403) 260-7024
Email: alaroche@osler.com
Agent
Name
Geoffrey Langen
Contact information
Osler, Hoskin & Harcourt LLP
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com

Party: Campbell, Glen

Counsel
Name
Adam LaRoche
Contact information
Osler, Hoskin & Harcourt LLP
450-1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7039
FAX: (403) 260-7024
Email: alaroche@osler.com
Agent
Name
Geoffrey Langen
Contact information
Osler, Hoskin & Harcourt LLP
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com

Party: Teck Coal Limited

Counsel
Name
Adam LaRoche
Contact information
Osler, Hoskin & Harcourt LLP
450-1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7039
FAX: (403) 260-7024
Email: alaroche@osler.com
Agent
Name
Geoffrey Langen
Contact information
Osler, Hoskin & Harcourt LLP
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com

Party: Horabin, Alexa

Counsel
Name
Cynthia Hykaway
Contact information
Alberta Justice and Solicitor General
Legal Service Division
Suite1710; 639 5th Avenue SW
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-2001
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca

Party: Calgary Court Centre (Civil)

Counsel
Name
Cynthia Hykaway
Contact information
Alberta Justice and Solicitor General
Legal Service Division
Suite1710; 639 5th Avenue SW
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-2001
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca

Party: Thiessen, Brian

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Summary

Keywords

Civil procedure – Case management – Applicant’s appeal struck for failure to file transcripts and appeal record – Whether there is lack of equity in Court of Appeal – Whether Court of Appeal failed to take into account all evidence

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.

Mr. Martinez’s action against several defendants was struck by the Court of Queen’s Bench, as the pleadings disclosed no reasonable cause of action. His Notice of Appeal from that decision was filed on June 20, 2017 and he was required to file his appeal record by October 20, 2017. He was informed of this deadline and told that he was required to obtain transcripts prior to the deadline date. Mr. Martinez failed to meet the deadline for filing the transcripts and filed an application to suspend the deadline. That application was dismissed. As the deadline was not extended, his appeal was struck by the Registrar on December 1, 2017. Mr. Martinez subsequently filed an application to restore his appeal, which had to be filed, served and made returnable within six months of the appeal being struck. Because the application was not scheduled to be heard until after the expiry of the six month period, his appeal was deemed abandoned.

Lower court rulings

November 21, 2017
Court of Appeal of Alberta (Calgary)

1701-0189AC

Applicant’s application to suspend deadline to file his appeal record 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

Not available

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

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

Webcasts

Not available.

Date modified: 2025-02-27