Case information
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40224
Ingrid S. Hayden v. Canadian Imperial Bank of Commerce (CIBC)
(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) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The request to discontinue the proceedings as against all other parties except for CIBC is granted. The application for leave to appeal from the judgment of the Court of Queen’s Bench of Alberta, Number 2101 08260, 2021 ABQB 647, dated August 16, 2021, is dismissed with costs to Nugent Law Office. Dismissed, with costs |
|
| 2023-03-30 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-02-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-01-30 | Correspondence received from, (Letter Form) | Ingrid S. Hayden |
| 2022-08-08 | Correspondence received from, (Letter Form), Applicant requests that only CIBC be named as a respondent, (Printed version due on 2022-08-15) | Ingrid S. Hayden |
| 2022-07-21 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-07-28) | Nugent Law Office |
| 2022-07-21 | Notice of name, (Letter Form), (Printed version due on 2022-07-28) | Nugent Law Office |
| 2022-07-21 | Respondent's response on the application for leave to appeal, (Letter Form), require: service (rec'd 2022-07-25), Completed on: 2022-07-25, (Printed version filed on 2022-07-28) | Nugent Law Office |
| 2022-07-19 | Correspondence received from, (Letter Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Applicant requests that only CIBC be named as a respondent, (Printed version due on 2022-07-26) | Ingrid S. Hayden |
| 2022-07-19 | Supplemental document, (Book Form), Exhibit A, (Printed version due on 2022-07-26) | Ingrid S. Hayden |
| 2022-07-19 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), require: -proof of service upon Honourable Mary T. Moreau (rec'd 2022-07-20) -proof of service upon Madam Justice P. Rowbotham (rec'd 2022-07-26), Completed on: 2022-07-27, (Printed version due on 2022-07-26) |
Ingrid S. Hayden |
| 2022-06-21 | Supplemental document, (Letter Form), Executed and filed Order of Associate Chief Justice Rooke dated August 16, 2021 (Court of Queen's Bench of Alberta, File Number 2101 08260), (Printed version due on 2022-06-28) | Honourable Associate Chief Justice J.D. Rooke |
| 2022-06-20 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-06-20 | |
| 2021-10-08 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-10-19) | Ingrid S. Hayden |
| 2021-10-08 |
Application for leave to appeal, (Book Form), require: -proof of service upon HMQRA (rec'd 2022-07-25) -proof of service upon Madam Justice P. Rowbotham (rec'd 2022-07-26) -motion for extension of time (rec'd 2022-07-19) -TC order (rec'd 2022-07-19), Completed on: 2022-07-26, (Printed version filed on 2021-10-19) |
Ingrid S. Hayden |
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 |
|---|---|---|
| Hayden, Ingrid S. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Imperial Bank of Commerce (CIBC) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Nugent Law Office | Other | Active |
| Baptiste, Laurie | Other | Active |
| Madam Justice P. Rowbotham | Other | Active |
| Honourable Associate Chief Justice J.D. Rooke | Other | Active |
| Honourable Mary T. Moreau | Other | Active |
| His Majesty the King in Right of Alberta | Other | Active |
Counsel
Party: Hayden, Ingrid S.
This party is not represented by counsel.
Party: Canadian Imperial Bank of Commerce (CIBC)
Counsel
MNP Tower
2400, 10235-101 Street
Edmonton, Alberta
T5J 3G1
Telephone: (780) 670-2171
FAX: (780) 420-6277
Email: sweatherill@emeryjamieson.com
Party: Nugent Law Office
Counsel
Patrick Nugent
10020 82nd Avenue N.W.
Edmonton, Alberta
T6E 1Z3
Telephone: (780) 439-3232
FAX: (780) 436-3032
Email: jacob@nugentlawoffice.ca
Party: His Majesty the King in Right of Alberta
Counsel
10011 109 St. N.W.
Edmonton, Alberta
T5J 3S8
Telephone: (780) 422-7560
FAX: (780) 427-1230
Party: Honourable Mary T. Moreau
This party is not represented by counsel.
Party: Honourable Associate Chief Justice J.D. Rooke
This party is not represented by counsel.
Party: Madam Justice P. Rowbotham
This party is not represented by counsel.
Party: Baptiste, Laurie
Counsel
10011 109 St. N.W.
Edmonton, Alberta
T5J 3S8
Telephone: (780) 422-7560
FAX: (780) 427-1230
Summary
Keywords
Civil procedure — Abuse of process — Did the Alberta Court of Queen’s Bench err in denying leave to file the counterclaim.
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 is the defendant in a debt collection action brought by the respondent bank. In June 2021, the bank filed a Statement of Claim seeking repayment of an outstanding mortgage debt or foreclosure of the mortgaged property. The applicant’s defence alleged that she had been misled by fraud, defamation, misrepresentation and intentional false statements by the bank. She argued that it had acted in bad faith by not entering into a consolidation loan which had been discussed.
In August 2021, the applicant filed an affidavit with the Alberta Court of Queen’s Bench seeking permission to file a counterclaim in the collection action which named not only the bank but the other parties listed in this leave application. The Court denied the application for leave to file the counterclaim. It found that the additional parties had been improperly added as they nothing to do with the action between the bank and the applicant. It also found that the counterclaim against the bank had no reasonable basis in law and was an abuse of court processes. It is from this decision that the applicant seeks leave to appeal to the Supreme Court of Canada. She also requests that the proceeding be discontinued against the non-bank parties.
Lower court rulings
Court of Queen’s Bench of Alberta
2021 ABQB 647, 2101 08260
Leave to file a counterclaim denied.
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
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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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