Case information
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40013
Mirza Nammo v. TD Meloche Monnex Insurance Company
(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) |
|---|---|---|
| 2022-06-09 | Close file on Leave | |
| 2022-06-07 |
Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation |
|
| 2022-06-07 | Certificate of taxation issued to, Patricia E. Olyslager | |
| 2022-06-07 | Decision on the bill of costs, in the amount of $1,080.24, Reg | |
| 2022-06-07 | Submission of the bill of costs, Reg | |
| 2022-04-11 | Bill of costs, (Book Form), Completed on: 2022-04-27, (Printed version filed on 2022-04-11) | TD Meloche Monnex Insurance Company |
| 2022-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-07 | Judgment on leave sent to the parties | |
| 2022-04-07 |
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 1901-0392AC, 2021 ABCA 245, dated June 30, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-03-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-21 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-01-21) | TD Meloche Monnex Insurance Company |
| 2022-01-21 | Notice of name, (Letter Form), (Printed version filed on 2022-01-21) | TD Meloche Monnex Insurance Company |
| 2022-01-21 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-02-24, (Printed version filed on 2022-01-21) | TD Meloche Monnex Insurance Company |
| 2022-01-04 |
Correspondence received from, Court Order Form rec'd estimate as to when court order will be filed: 2021-08-11 |
Mirza Nammo |
| 2021-12-30 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2021-12-30 | |
| 2021-08-11 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal), (Printed version due on 2021-08-18) | Mirza Nammo |
| 2021-08-11 |
Application for leave to appeal, (Book Form), require: -CA Order -TC Judgment, Completed on: 2022-03-07, (Printed version due on 2021-08-18) |
Mirza Nammo |
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 |
|---|---|---|
| Nammo, Mirza | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| TD Meloche Monnex Insurance Company | Respondent | Active |
Counsel
Party: Nammo, Mirza
This party is not represented by counsel.
Party: TD Meloche Monnex Insurance Company
Counsel
3300 TD Canada Trust Tower
421-7 Ave SW
Calgary, Alberta
T2P 4K9
Telephone: (403) 294-7087
FAX: (403) 767-8870
Email: polyslager@parlee.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9665
FAX: (613) 783-9686
Email: david.elliott@dentons.com
Summary
Keywords
Civil procedure — Time — Abuse of process — Courts — Jurisdiction — Lower courts dismissing the applicant’s appeals from decision dismissing his action — Whether applicant’s statement of claim was a collateral attack — Whether applicant’s statement of claim was filed outside the limitation period — Whether three years had passed without a significant advance in the case — Whether there was unfairness or inequity in the treatment of the applicant’s case.<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.
In 2006, the applicant was involved in a motor vehicle accident involving another car. He launched a civil action seeking damages, and the respondent is the defendant’s insurer. In the interim, the applicant has been involved in many proceedings against multiple parties, alleging various acts of misfeasance by participants in the administration of justice in Alberta and beyond. The current application stems from an application by the respondent for summary judgment.
Master Robertson of the Alberta Court of Queen’s Bench dismissed the applicant’s statement of claim and action on the basis that: a) the statement of claim was a collateral attack; b) the statement of claim was filed outside of the applicable limitation period; and c) three or more years had passed without a significant advance in the action under Rule 4.33 of the Alberta Rules of Court, Alta Reg 124/2010. An appeal of that decision to the Alberta Court of Queen’s Bench was dismissed, as was an appeal to the Court of Appeal of Alberta.
Lower court rulings
Court of Queen’s Bench of Alberta
1401 08049, 2019 ABQB 300
Applicant’s action dismissed.
Court of Queen’s Bench of Alberta
1401-08049
Appeal dismissed.
Court of Appeal of Alberta (Calgary)
1901-0392AC, 2021 ABCA 245
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.
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Downloadable PDFs
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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
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