Case information
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40219
Xiaoli Lily Wang, et al. v. Government of Alberta
(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) |
|---|---|---|
| 2023-01-12 | Close file on Leave | |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the applicants’ reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2101-0003AC, 2022 ABCA 79, dated March 4, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-01-12 |
Decision on motion to extend time, See decision on application Granted |
|
| 2022-12-09 | Correspondence received from, (Book Form), (Printed version due on 2022-12-16) | Xiaoli Lily Wang |
| 2022-11-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-28 | Submission of motion to extend time, for consideration by the Court | |
| 2022-10-31 | Correspondence received from, (Letter Form), the applicants; response to the correspondence from AHS | Xiaoli Lily Wang |
| 2022-10-21 | Correspondence received from, (Letter Form), Alberta Health Services | Alberta Health Services (“AHS”) |
| 2022-10-07 | Motion to extend time, (Book Form), Completed on: 2022-11-28, (Printed version due on 2022-10-17) | Xiaoli Lily Wang |
| 2022-10-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-10-28, (Printed version due on 2022-10-17) | Xiaoli Lily Wang |
| 2022-08-26 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-11-24 | Xiaoli Lily Wang |
| 2022-08-17 | Certificate (on limitations to public access), (Letter Form), Amended certificate required (Rec'd 2022-09-07), (Printed version due on 2022-08-24) | Government of Alberta |
| 2022-08-17 | Notice of name, (Letter Form), (Printed version due on 2022-08-24) | Government of Alberta |
| 2022-08-17 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-08-25, (Printed version due on 2022-08-24) | Government of Alberta |
| 2022-06-17 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2022-06-17 | |
| 2022-05-03 | Correspondence received from, (Letter Form), (Printed version filed on 2022-05-03) | Xiaoli Lily Wang |
| 2022-05-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-05-03) | Xiaoli Lily Wang |
| 2022-05-03 |
Application for leave to appeal, (Book Form), (2 volumes), Require: Amended Notice of Application which identifies the Court of Appeal file number from which you seek leave to appeal , Completed on: 2022-11-30, (Printed version filed on 2022-08-22) |
Xiaoli Lily Wang |
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 |
|---|---|---|
| Wang, Xiaoli Lily | Applicant | Active |
| Li, Daiming Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Government of Alberta | Respondent | Active |
Counsel
Party: Wang, Xiaoli Lily
This party is not represented by counsel.
Party: Li, Daiming Robert
This party is not represented by counsel.
Party: Government of Alberta
Counsel
9th Floor, Peace Hills Trust
10011-109 Street
Edmonton, Alberta
T5J 3S8
Telephone: (780) 427-0716
FAX: (780) 427-1230
Email: andrea.simmonds@gov.ab.ca
Summary
Keywords
Civil Procedure — Costs — Whether the Court of Appeal erred in failing to consider the applicants’ ground of appeal relating to bias — Whether the lower courts violated procedural fairness and fundamental justice — Whether the Court of Appeal erred.
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 the underlying action, the applicants sued the Government of Alberta (Alberta) for negligent drafting of certain legislation (Action No 1901-12788). The matter has a lengthy history and involves numerous actions. The applicants were granted leave to appeal two costs orders. The Court of Appeal dismissed the first costs order appeal, and allowed the second costs order appeal. The Court of Appeal did not consider the applicants’ arguments on alleged bias of the case management judge.
Lower court rulings
Court of Queen’s Bench of Alberta
1901-12788, 2020 ABQB 754
Costs ruling
Court of Queen’s Bench of Alberta
1901-12788, 2020 ABQB 800
Applicants’ costs application dismissed with costs
Court of Appeal of Alberta (Calgary)
2022 ABCA 79, 2101-0003AC
Appeal allowed without costs
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
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 613‑996‑7933 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
Not available