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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.


39959

Yau Wah Steve Lam v. Governors of the University of Calgary, et al.

(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)
2022-04-01 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 2103-0207AC, 2021 ABCA 367, dated November 9, 2021, is dismissed with costs to the respondents, Governors of the University of Calgary, Derek Lichti, Marcia Buchholz and Tanya Brucker.
Dismissed, with costs
2022-02-21 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-01-26 Correspondence received from Yau Wah Steve Lam
2022-01-20 Certificate (on limitations to public access), Proof of service require (rec'd 2022-02-07) Governors of the University of Calgary
2022-01-20 Notice of name, Proof of service require (rec'd 2022-02-07) Governors of the University of Calgary
2022-01-20 Respondent's response on the application for leave to appeal, (Book Form), Proof of service require (rec'd 2022-02-07), Completed on: 2022-02-18 Governors of the University of Calgary
2022-01-17 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-02-01) Alberta Union of Provincial Employees
2022-01-17 Notice of name, (Letter Form), (Printed version filed on 2022-02-01) Alberta Union of Provincial Employees
2022-01-17 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-02-04, (Printed version filed on 2022-02-01) Alberta Union of Provincial Employees
2022-01-11 Correspondence received from, (Letter Form), (Electronic version filed on 2022-03-03) Yau Wah Steve Lam
2021-12-23 Correspondence received from, CA court Order Form Yau Wah Steve Lam
2021-12-23 Certificate (on limitations to public access) Yau Wah Steve Lam
2021-12-22 Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2021-12-22
2021-12-10 Book of authorities, (Book Form), REQUIRED:
- Proof of service rec'd 2022-01-17, Completed on: 2022-02-04, (Printed version filed on 2021-12-21)
Yau Wah Steve Lam
2021-11-18 Application for leave to appeal, (Book Form), TC Order 2022-02-11 rec'd 2022-02-15
Amended Arguments rec'd 2021-12-10
Applicant's record (3 volumes) rec'd 2021-12-10

REQUIRED:
- Proof of service rec'd 2022-01-17
- CA order
- Public access to information form rec'd 2021-12-23
, Completed on: 2022-02-22, (Printed version filed on 2021-12-21)
Yau Wah Steve Lam

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
Lam, Yau Wah Steve Applicant Active

v.

Main parties - Respondents
Name Role Status
Governors of the University of Calgary Respondent Active
Lichti, Derek Respondent Active
Buchholz, Marcia Respondent Active
Brucker, Tanya Respondent Active
Alberta Union of Provincial Employees Respondent Active

Counsel

Party: Lam, Yau Wah Steve

This party is not represented by counsel.

Party: Governors of the University of Calgary

Counsel
Thomas W. Ross
McLennan Ross LLP
1900 Eau Claire Tower
600 - 3rd Avenue SW
Calgary, Alberta
T2P 3C4
Telephone: (403) 303-9124
Email: tom.ross@mross.com

Party: Lichti, Derek

Counsel
Thomas W. Ross
McLennan Ross LLP
1900 Eau Claire Tower
600 - 3rd Avenue SW
Calgary, Alberta
T2P 3C4
Telephone: (403) 303-9124
Email: tom.ross@mross.com

Party: Buchholz, Marcia

Counsel
Thomas W. Ross
McLennan Ross LLP
1900 Eau Claire Tower
600 - 3rd Avenue SW
Calgary, Alberta
T2P 3C4
Telephone: (403) 303-9124
Email: tom.ross@mross.com

Party: Brucker, Tanya

Counsel
Thomas W. Ross
McLennan Ross LLP
1900 Eau Claire Tower
600 - 3rd Avenue SW
Calgary, Alberta
T2P 3C4
Telephone: (403) 303-9124
Email: tom.ross@mross.com

Party: Alberta Union of Provincial Employees

Counsel
Micah J. Field
Blakely & Dushenski
Suite 201, Oliver Building
10225 - 100 Avenue NW
Edmonton, Alberta
T5J 0A1
Telephone: (780) 425-7200
FAX: (780) 425-7202
Email: mfield@blakelydushenski.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Summary

Keywords

Appeals — Case management — Application to appeal rulings of Court of Appeal Case Management Officer — Whether Khullar J.A. disregarded evidence and erred in law — Whether the application raises an issue of public importance.

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 applicant, Mr. Lam, sued the University of Calgary and three of its officers (“University”) for breach of employment contract, discrimination, interference with contractual relations, intentional infliction of mental distress and conspiracy. In the same statement of claim, Mr. Lam also sued the Alberta Union of Provincial Employees (“AUPE”) for breach of its duty to fairly represent him in the grievance and arbitration processes, conspiracy and various other causes of action.

At the Court of Queen’s Bench of Alberta, Mr. Lam’s claim against the University was summarily dismissed by Master Birkett, and Mr. Lam’s appeal of that decision was dismissed by Little J. Mr. Lam’s claim against AUPE was summarily dismissed by Master Summers, and Mr. Lam’s appeal of that decision was dismissed by Whitling J. An application to extend the time to file a notice of appeal from the decision of Whitling J. was dismissed by Watson J.A. in April 2021.

In September 2021, Mr. Lam filed an application for permission to appeal the decisions of Whitling J. and Little J. to the Court of Appeal of Alberta. Mr. Lam named both the University and AUPE as respondents in his application for permission to appeal the decision of Little J. A Case Management Officer informed Mr. Lam that he had no appeal from the decision of Whitling J. because his application to extend the time to file his notice of appeal had been dismissed by Watson J.A. She also informed Mr. Lam that he could appeal the decision of Little J., but that AUPE was not a proper respondent to the appeal of that decision. Mr. Lam applied to overturn the Case Management Officer’s rulings. Justice Khullar dismissed the application and confirmed the rulings.

Lower court rulings

April 22, 2021
Court of Appeal of Alberta (Calgary)

2021 ABCA 145, 2103-0061-AC

Mr. Lam’s application to extend the time to file a notice of appeal from the judgment of Whitling J. dismissed.

September 10, 2021
Court of Queen’s Bench of Alberta

1903 04704, 2021 ABQB 729

Mr. Lam’s appeal of Master Birkett’s decision dismissed.

November 9, 2021
Court of Appeal of Alberta (Edmonton)

2021 ABCA 367, 2103-0207AC

Mr. Lam’s application to appeal the rulings of the Case Management Officer 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

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

Webcasts

Not available.

Date modified: 2025-02-27