Case information
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39038
Sabino Steven Anthony Petrone v. Renee Lyne Aubin
(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) |
|---|---|---|
| 2021-07-29 | Close file on Leave | |
| 2021-07-28 | Correspondence (sent by the Court) to, parties, by the Acting Registrar, Re: explanatory letter to the certificates of taxation | |
| 2021-07-28 | Certificate of taxation issued to, Eugene Meehan, Q.C. | |
| 2021-07-28 | Decision on the bill of costs, in the amount of $14,479.38, DeRg | |
| 2021-07-28 | Submission of the bill of costs, DeRg | |
| 2020-09-29 | Reply to the bill of costs, Completed on: 2021-07-29 | Renee Lyne Aubin |
| 2020-09-23 | Response to the bill of costs, Completed on: 2021-07-29 | Sabino Steven Anthony Petrone |
| 2020-09-04 | Bill of costs, Completed on: 2021-07-29 | Renee Lyne Aubin |
| 2020-06-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-06-26 | Judgment on leave sent to the parties | |
| 2020-06-25 |
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 (Edmonton), Numbers 1803-0223-AC and 1803-0350-AC, 2020 ABCA 13, dated January 14, 2020, is dismissed with costs on a solicitor-client basis. Dismissed, costs on a solicitor client basis |
|
| 2020-05-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-04-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-04-16 | Sabino Steven Anthony Petrone |
| 2020-04-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2020-04-06 | Certificate (on limitations to public access), (Letter Form), Joint with 39037 | Renee Lyne Aubin |
| 2020-04-06 | Respondent's response on the application for leave to appeal, (Book Form), Joint with 39037, Completed on: 2020-04-06 | Renee Lyne Aubin |
| 2020-03-16 | Application for leave to appeal, (Book Form), Completed on: 2020-03-16 | Sabino Steven Anthony Petrone |
| 2020-02-04 | Certificate (on limitations to public access), (Letter Form) | Sabino Steven Anthony Petrone |
| 2020-01-30 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2020-01-29 | Notice of application for leave to appeal, (Letter Form), 23A missing-rec'd 2020/02/04, Completed on: 2020-02-04 | Sabino Steven Anthony Petrone |
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 |
|---|---|---|
| Petrone, Sabino Steven Anthony | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Aubin, Renee Lyne | Respondent | Active |
Counsel
Party: Petrone, Sabino Steven Anthony
Counsel
1600, 10020 101A Avenue
Edmonton, Alberta
T5J 3G2
Telephone: (780) 423-0443
FAX: (780) 423-2744
Email: dale@tcfamilylaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Aubin, Renee Lyne
Counsel
Jeffrey A. Arsenault
2401 Edmonton Centre NW
10088-102 Avenue
Edmonton, Alberta
T5J 2Z1
Telephone: (403) 426-4660
FAX: (403) 426-0982
Email: rcurtis@mccuaig.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Summary
Keywords
Family law — Family assets — Division — Security for award - Commercial law — Corporations — Minority shareholders — Piercing corporate veil — Husband is director, majority shareholder and controlling mind of private corporation — Trial judge ordering security against corporate asset for equalization payment owing by husband to wife — To what extent are corporate law principles regarding fiduciary and statutory obligations of a director and the oppression rights of minority shareholders and creditors subordinated to family law principles? — To what extent can a court effectively order a director to act in a manner that is unlawful, in breach of statutory or common law duties and a Unanimous Shareholder Agreement, thereby making the director/shareholder personally liable to others?
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.
Ms. Aubin and Dr. Petrone married in 1993 and have three children, the oldest of whom is a dependent adult and living with Ms. Aubin. In 1998, Dr. Petrone founded Quantiam Technologies Inc., a privately held corporation, where he is director, chief executive officer and majority shareholder. In 2002, Ms. Aubin, who was also was a director of Quantiam, left her employment and began working as a bookkeeper at Quantium. The parties separated in 2014. Their main unencumbered asset was Quantiam. Ms. Aubin brought an action for a division of matrimonial property and spousal support.
Lower court rulings
Court of Queen’s Bench of Alberta
4803 168361, 2018 ABQB 536
Order requiring husband to pay retroactive and ongoing spousal support and equalization payment to wife
Court of Queen’s Bench of Alberta
4803 168361, 2018 ABQB 973
Order securing wife’s entitlement to equalization payment against, inter alia corporate asset
Court of Appeal of Alberta (Edmonton)
1803-0223-AC, 1803-0350-AC, 2020 ABCA 13
Husband’s appeal dismissed
Court of Queen’s Bench of Alberta
4803 168361, 2020 ABQB 163
Remedies order varied
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