Case information
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40233
Salim Rana v. Zahir Rana
(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) |
|---|---|---|
| 2023-03-10 | Close file on Leave | |
| 2023-03-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-09 | Judgment on leave sent to the parties | |
| 2023-03-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Queen’s Bench of Alberta, Number 2101 05627, 2022 ABQB 220, dated March 21, 2022, is dismissed. Dismissed |
|
| 2023-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-23 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-06-23 | |
| 2022-06-20 | Correspondence received from | Salim Rana |
| 2022-05-16 | Certificate (on limitations to public access), 23A | Salim Rana |
| 2022-05-16 |
Application for leave to appeal, (Book Form), REQUIRED: - Amended notice of application citing the docket number & name of the court appealing from - rec'd 2022-06-28 - Proof of service - rec'd 2022-06-03, Completed on: 2022-06-30 |
Salim Rana |
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 |
|---|---|---|
| Rana, Salim | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rana, Zahir | Respondent | Active |
Counsel
Party: Rana, Salim
This party is not represented by counsel.
Party: Rana, Zahir
Counsel
800, 304 - 8th Avenue S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1520
FAX: (403) 571-1528
Email: bakere@jssbarristers.ca
Summary
Keywords
Judgments and orders — Declaratory judgments — Vexatious litigant declaration — Applicant sought to continue his action against the respondent after applicant was declared a vexatious litigant in another proceeding — Whether the Limitations Act applies to a debt owed and acknowledged by a debtor — Whether the Vexatious Litigant Order may encroach on a pending statement of claim where there had been no further court file activity.
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.
On May 5, 2021, the applicant filed a statement of claim against the respondent, alleging that in or about 2004, the applicant had loaned the respondent money that the respondent had refused to repay. The respondent filed a statement of defence on May 21, 2021 but there was no further court activity on this matter.
In the meantime, the applicant was declared a vexatious litigant on February 16, 2022, which had the effect of staying the within action. In that judgment, the applicant was given a deadline of March 18, 2022 to obtain leave to continue the within action, failing which the action would be struck out. The deadline passed with no word from the applicant. The court struck out the applicant’s action and statement of claim.
Lower court rulings
Court of Queen’s Bench of Alberta
2022 ABQB 220, 2101 05627
Applicant’s statement of claim and action struck
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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