Case information
Consult our database for details on a Supreme Court of Canada case.
38235
Flaura Danielle Mills, otherwise known as Flaura Danielle Yotho v. Edward George Mills
(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) |
|---|---|---|
| 2019-05-06 | Close file on Leave | |
| 2019-05-06 | Certificate of taxation issued to, Lauren R. Turnquist | |
| 2019-05-06 | Decision on the bill of costs, in the amount of $1,224.72, Reg | |
| 2019-05-06 | Submission of the bill of costs, Reg | |
| 2019-03-14 | Bill of costs, (Letter Form), Completed on: 2019-03-14 | Edward George Mills |
| 2019-02-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-02-15 | Judgment on leave sent to the parties | |
| 2019-02-14 |
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 1701-0149-AC, 2018 ABCA 195, dated May 18, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2019-01-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-10-18 | Correspondence received from, (Letter Form), Respondent takes no position with regards to the late filing of the Reply. | Edward George Mills |
| 2018-09-26 |
Applicant's reply to respondent's argument, (Book Form), MISSING: 1) one copy of the Reply book (received 22/10/2018) 2) updated covers (grey instead of green) - (received 22/10/2018), Completed on: 2018-10-22 |
Flaura Danielle Mills, otherwise known as Flaura Danielle Yotho |
| 2018-09-12 | Certificate (on limitations to public access), (Letter Form), Form 23A | Edward George Mills |
| 2018-09-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-09-12 | Edward George Mills |
| 2018-08-16 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED: 16-08-2018 | |
| 2018-08-08 | Certificate (on limitations to public access), (Letter Form), Public Access to Information form | Flaura Danielle Mills, otherwise known as Flaura Danielle Yotho |
| 2018-07-30 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-07-30 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2018-07-17 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-07-13 | Correspondence received from, (Letter Form), Application for Fee Waiver: GRANTED (15-08-2018) | Flaura Danielle Mills, otherwise known as Flaura Danielle Yotho |
| 2018-07-13 |
Application for leave to appeal, (Book Form), Missing: 1) Trial court judgment (received 24/08/2018, also included in the application book) 2) Proof of service (received 08/08/2018) 3) Public Access to information Form (received 08/08/2018) FINAL CA ORDER MISSING (received 23/08/2018), Completed on: 2018-08-24 |
Flaura Danielle Mills, otherwise known as Flaura Danielle Yotho |
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 |
|---|---|---|
| Flaura Danielle Mills, otherwise known as Flaura Danielle Yotho | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mills, Edward George | Respondent | Active |
Counsel
Party: Flaura Danielle Mills, otherwise known as Flaura Danielle Yotho
This party is not represented by counsel.
Party: Mills, Edward George
Counsel
900, 517 - 10th Avenue S.W.
Calgary, Alberta
T2E 0A8
Telephone: (403) 298-0355
FAX: (403) 263-6840
Email: lturnquist@milesdavison.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Private international law – Foreign judgments – Recognition and enforcement – Recognition in Alberta of an annulment judgment issued in Cameroon – Evidence showing that at the time of the marriage ceremony in Cameroon, one of the parties was still married as her divorce from her previous husband had not been finalized – Whether the Court of Appeal of Alberta erred in law in recognizing the foreign judgment.
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 parties met in Ms. Mills’ country of Cameroon where Mr. Mills, a Canadian, was working. At that time, Ms. Mills was separated from her first husband, and undertook to get a divorce when her relationship with Mr. Mills became serious. The couple apparently married in September 2011, in Cameroon. Thereafter, they moved to Calgary where they lived together as husband and wife and had two children. They separated in 2015. Mr. Mills sought an annulment of the marriage from a Cameroonian court. The annulment was granted on the basis that at the time of their wedding, Ms. Mills was already married, as her divorce from her previous husband had not been finalized. Mr. Mills applied to have the Cameroonian declaration of annulment recognized and enforced in Alberta. Ms. Mills claimed that the nullity judgment was granted in Cameroon as a result of a corrupt court process and should not be recognized in Alberta. The Court of Queen’s Bench allowed Mr. Mills’ application. It was satisfied that Cameroon properly asserted jurisdiction over the annulment, that the annulment in Cameroon was not obtained by fraud and that it was not contrary to Canadian public policy. Ms. Mills’ appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
FL01-21470
Application for recognition and enforcement of foreign judgment annulling marriage between the parties allowed
Court of Appeal of Alberta (Calgary)
1701-0149-AC, 2018 ABCA 195
Appeal dismissed, subject to a variation order in the wording of the judgment
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