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Case information

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38445

Xiaoli Lily Wang, et al. v. Alberta Health Services

(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)
2020-03-02 Close file on Leave
2020-03-02 Correspondence (sent by the Court) to, all parties, Re: certificate of taxation
2020-02-28 Certificate of taxation issued to, Mr. Gib van Ert
2020-02-28 Decision on the bill of costs, in the amount of $1,029.70, DeRg
2020-02-28 Submission of the bill of costs, DeRg
2019-09-11 Bill of costs, (Letter Form), Completed on: 2019-09-11 Alberta Health Services
2019-04-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-04-12 Judgment on leave sent to the parties
2019-04-11 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 1701-0143-AC, 2018 ABCA 339, dated October 16, 2018, is dismissed with costs.

Martin J. took no part in the judgment.
Dismissed, with costs
2019-03-11 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-02-14 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-02-14 Xiaoli Lily Wang
2019-02-04 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form) Alberta Health Services
2019-02-04 Notice of name, (Letter Form) Alberta Health Services
2019-02-04 Certificate (on limitations to public access), (Letter Form) Alberta Health Services
2019-02-04 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-02-04 Alberta Health Services
2018-12-18 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018-12-18
2018-12-14 Certificate (on limitations to public access), (Letter Form) Xiaoli Lily Wang
2018-12-14 Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2018-12-14 Xiaoli Lily Wang

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
Wang, Xiaoli Lily Applicant Active
Li, Daiming Robert Applicant Active

v.

Main parties - Respondents
Name Role Status
Alberta Health Services Respondent Active

Counsel

Party: Wang, Xiaoli Lily

Counsel
Names
Christopher Tan
Ran He
Contact information
Tan, He & Co. LLP
77 King Strreet West
Suite 2915
Toronto, Ontario
M5K 1K7
Telephone: (647) 945-8828
FAX: (647) 925-8829
Email: ctan@thcllp.com
Agent
Name
Wing T. Yan
Contact information
Nelligan O'Brien Payne LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8343
FAX: (613) 788-3686
Email: wing.yan@nelligan.ca

Party: Li, Daiming Robert

Counsel
Names
Christopher Tan
Ran He
Contact information
Tan, He & Co. LLP
77 King Strreet West
Suite 2915
Toronto, Ontario
M5K 1K7
Telephone: (647) 945-8828
FAX: (647) 925-8829
Email: ctan@thcllp.com
Agent
Name
Wing T. Yan
Contact information
Nelligan O'Brien Payne LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8343
FAX: (613) 788-3686
Email: wing.yan@nelligan.ca

Party: Alberta Health Services

Counsel
Name
Ivan Bernardo, Q.C.
Contact information
Miller Thomson LLP
700 9th Avenue Southwest
Suite 3000
Calgary, Alberta
T2P 3V4
Telephone: (403) 298-2425
FAX: (403) 262-0007
Email: ibernardo@millerthomson.com
Agent
Name
Gib van Ert
Contact information
Miller Thomson LLP
148 Third Avenue
Ottawa, Ontario
K1S 2K1
Telephone: (604) 643-1211
FAX: (604) 643-1200
Email: gvanert@millerthomson.com

Summary

Keywords

Health law — Public health — Privacy — Access to rental properties for health inspections —Should a privately owned single residential dwelling be considered a “public place” or a “private place” in the context of a government agency’s inspection powers? — Does access to rental properties without reasonable and probable grounds violate section 8 of the Charter? — Public Health Act, RSA 2000, c. P-37

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.

Xiaoli Lily Wang and Daiming Li own several residential properties in Calgary, Alberta which they rent out. In 2014, Alberta Health Services [“AHS”] sent notices to Ms. Wang and Mr. Li that it intended to conduct health and safety inspections of some of their properties. The notices were met with resistance. As a result, AHS filed an application with the Alberta Court of Queen’s Bench seeking court-ordered access. In October of 2014 the Court of Queen’s Bench of Alberta ordered Ms. Wang and Mr. Li to grant access to AHS pursuant to the Public Health Act, RSA 2000, c. P-37. In March of 2015 the Court of Queen’s Bench of Alberta denied an application to set aside or vary the order. The Court of Appeal of Alberta dismissed the appeal in October of 2018.

Lower court rulings

March 13, 2015
Court of Queen’s Bench of Alberta

1401-10235

Application to set aside or vary order denied.

October 16, 2018
Court of Appeal of Alberta (Calgary)

1701-0143-AC, 2018 ABCA 339

Appeal 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