Case information
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39926
Darren Vrbanek v. David Zerbin, 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) |
|---|---|---|
| 2022-04-07 | Close file on Leave | |
| 2022-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-24 | Judgment on leave sent to the parties | |
| 2022-03-24 |
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), Number 2103-0002AC, 2021 ABCA 317, dated September 23, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-02-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-02-01 | Darren Vrbanek |
| 2022-01-14 | Certificate (on limitations to public access), 23A | Modern Granite & Marble Inc. |
| 2022-01-14 | Notice of name | Modern Granite & Marble Inc. |
| 2022-01-14 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-02-01, (Printed version due on 2022-01-21) | Modern Granite & Marble Inc. |
| 2022-01-11 | Certificate (on limitations to public access), 23A | David Zerbin |
| 2022-01-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-01, (Printed version filed on 2022-01-11) | David Zerbin |
| 2021-12-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 12/14/21 | |
| 2021-11-22 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-11-22) | Darren Vrbanek |
| 2021-11-22 |
Application for leave to appeal, (Book Form), Missing: -Final CA Order - rec'd 2021-12-15 -Hard copy of the CA Reasons (signed if possible) - rec'd 2021-12-15 -Hard copy of the TC Reasons (signed if possible) - rec'd 2021-12-15 -Filing Fee, Completed on: 2022-02-01, (Printed version filed on 2021-11-22) |
Darren Vrbanek |
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 |
|---|---|---|
| Vrbanek, Darren | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zerbin, David | Respondent | Active |
| Zerbin, Barbara | Respondent | Active |
| Modern Granite & Marble Inc. | Respondent | Active |
| Tran, Daniel | Respondent | Active |
Counsel
Party: Vrbanek, Darren
Counsel
Gina K. Murray
2500 Stantec Tower
10220 - 103 Avenue NW
Edmonton, Alberta
T5J 0K4
Telephone: (780) 423-7234
FAX: (780) 423-7276
Email: james.thorlakson@dentons.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9665
FAX: (613) 783-9686
Email: david.elliott@dentons.com
Party: Zerbin, David
Counsel
2445 Manulife Place
10180 - 101 Street
Edmonton, Alberta
T5J 3S4
Telephone: (780) 425-1900
FAX: (780) 429-5054
Email: dan@hagglaw.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Zerbin, Barbara
Counsel
2445 Manulife Place
10180 - 101 Street
Edmonton, Alberta
T5J 3S4
Telephone: (780) 425-1900
FAX: (780) 429-5054
Email: dan@hagglaw.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Modern Granite & Marble Inc.
Counsel
17439 - 103 Avenue NW
Edmonton, Alberta
T5S 1J4
Telephone: (780) 429-3005
FAX: (780) 425-8931
Email: info@westedmontonlaw.ca
Party: Tran, Daniel
Counsel
17439 - 103 Avenue NW
Edmonton, Alberta
T5S 1J4
Telephone: (780) 429-3005
FAX: (780) 425-8931
Email: info@westedmontonlaw.ca
Summary
Keywords
Commercial law — Corporations — Personal liability of directors and officers — When will directors and officers be held personally liable for torts committed in their corporate capacity?
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.
DN Developments Ltd. was contracted to manage the construction of a luxury home for David and Barbara Zerbin on a “cost plus” basis. Its services were provided through Darren Vrbanek, its sole shareholder, director and principal, supported by DN’s employees, including Mr. Vrbanek’s sons. The Zerbins also engaged DN to manage the construction of a more modest home on a nearby lot. Modern Granite was a supplier on both projects. During construction, its principal, Daniel Tran, told Ms. Zerbin that Mr. Vrbanek had asked him to inflate his quote and to pay a $35,000 kickback. The Zerbins questioned DN’s most recent invoice and asked for a reconciliation of the previous three months’ invoices. When the reconciliation had not been received ten days later, the Zerbins terminated DN’s services by written notice. They hand elivered notices of the termination to the trades and suppliers working on site. When the notices were delivered, they learned that some of the trades and suppliers had not been paid even though DN had been given the money to make those payments.
The Zerbins launched an action against DN and Mr. Vrbanek alleging that they had been intentionally overcharged and that the contracts had been performed dishonestly. DN and Mr. Vrbanek counterclaimed for improper termination of the contract and defamation. They also launched their own action, alleging that the Zerbins, Mr. Tran and Modern Granite had induced breach of contract by others, had interfered with DN’s contractual and economic relations, and had conspired to economically injure DN and Mr. Vrbanek.
The Zerbins were awarded judgment at trial; the counterclaim and the action by DN and Mr. Vrbanek were dismissed. The appeals were dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
1503 03621, 1503 18250, 2020 ABQB 797
Zerbins awarded judgment jointly and severally against Mr. Vrbanek and his company; counterclaim dismissed;
Action by Mr. Vrbanek and his company dismissed
Court of Appeal of Alberta (Edmonton)
2021 ABCA 317, 2103-0002AC
Appeals 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
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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 613‑996‑7933 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
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 613‑996‑7933 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
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