Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38595
Roman Catholic Bishop of the Diocese of Calgary v. Edmund Schuster, 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) |
|---|---|---|
| 2019-07-30 | Close file on Leave | |
| 2019-07-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-07-26 | Judgment on leave sent to the parties | |
| 2019-07-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgments of the Court of Appeal of Alberta (Calgary), Numbers 1801-0161AC and 1801-0168AC, 2019 ABCA 64, dated February 13, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2019-06-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-05-30 | Certificate (on limitations to public access), (Letter Form) | Edmund Schuster |
| 2019-05-28 | Notice of name, (Letter Form) | Edmund Schuster |
| 2019-05-28 | Respondent's response on the application for leave to appeal, (Book Form), Missing: 1 copy of response, proof of service - Received both June 5, 2019., Completed on: 2019-06-05 | Edmund Schuster |
| 2019-04-29 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2019-04-29 | |
| 2019-04-11 | Notice of name | Roman Catholic Bishop of the Diocese of Calgary |
| 2019-04-11 | Certificate (on limitations to public access) | Roman Catholic Bishop of the Diocese of Calgary |
| 2019-04-11 | Application for leave to appeal, (Book Form), Missing: CA Order for file number 1801-0168-AC (rec' 05/01/19), Completed on: 2019-05-03 | Roman Catholic Bishop of the Diocese of Calgary |
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 |
|---|---|---|
| Roman Catholic Bishop of the Diocese of Calgary | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Schuster, Edmund | Respondent | Active |
| Edmund H. Schuster Professional Corporation | Respondent | Active |
Counsel
Party: Roman Catholic Bishop of the Diocese of Calgary
Counsel
Gibraltar Place
201, 1000 - 9th Avenue SW
Calgary, Alberta
T2P 2Y6
Telephone: (403) 685-2012
FAX: (888) 747-7569
Email: jdpoole@poolelawyer.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Schuster, Edmund
Counsel
2400, 525 - 8 Avenue SW
Calgary, Alberta
T2P 1G1
Telephone: (403) 260-0393
FAX: (403) 260-0332
Email: rmartz@bdplaw.com
Party: Edmund H. Schuster Professional Corporation
Counsel
2400, 525 - 8 Avenue SW
Calgary, Alberta
T2P 1G1
Telephone: (403) 260-0393
FAX: (403) 260-0332
Email: rmartz@bdplaw.com
Summary
Keywords
Civil procedure — Summary judgment — Application of Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87 — Whether summary judgment should have been granted — When and to what extent should the common law principles of contributory negligence and/or mitigation be applied in the context of fiduciary obligations between solicitor and client?<br>
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 Roman Catholic Bishop of the Diocese of Calgary (“Diocese”), applicant, brought an unsuccessful application for summary judgment against its lawyer, the respondent. The claim is one of breach of fiduciary duty, and it arises out of the purchase of the Diocese’s land by a developer for a condominium project. The application for summary judgment was dismissed on the basis that the evidentiary record did not allow the court to fairly adjudicate the matter. The Court of Appeal agreed and dismissed the appeal.
Lower court rulings
Court of Appeal of Alberta (Calgary)
1801-0161-AC, 1801-0168-AC, 2019 ABCA 64
Appeal dismissed
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
Not available
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
Not available