Case information
Consult our database for details on a Supreme Court of Canada case.
40281
Alexander O. Balogun v. Harbhajan Singh Pandher
(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) |
|---|---|---|
| 2023-01-11 | Close file on Leave | |
| 2022-12-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-22 | Judgment on leave sent to the parties | |
| 2022-12-22 |
Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the application for leave to appeal and the reply are granted. The motion to join two Court of Appeal of Alberta files in a single application for leave to appeal is granted. The motion for a stay of execution is dismissed. The application for leave to appeal from the judgments of the Court of Appeal of Alberta (Edmonton), Number 2003-0131AC, 2021 ABCA 422, dated December 20, 2021 and 2022 ABCA 160, dated May 4, 2022, is dismissed with costs to the respondent. Dismissed, with costs |
|
| 2022-12-22 |
Decision on motion to extend time, See decision on the application. Granted |
|
| 2022-12-22 |
Decision on the motion for a stay of execution, See decision on the application. Dismissed |
|
| 2022-12-22 |
Decision on the miscellaneous motion, See decision on the application. Granted |
|
| 2022-12-22 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application. Granted |
|
| 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 | |
| 2022-11-28 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2022-11-28 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-11-28 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-09-28 |
Correspondence received from, (Letter Form), -There was no order of the Court of Appeal dated May 4, 2022 -There was no order of the Court of Queen's Bench dated January 5, 2021 -There was no order of the Court of Queen's Bench dated June 29, 2020 -Amended Motion to Join attached -Motion forExtension of Time to serve/file Reply attached, (Printed version due on 2022-10-06) |
Alexander O. Balogun |
| 2022-09-28 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-10-06) | Harbhajan Singh Pandher |
| 2022-09-28 | Motion to extend time, (Book Form), Motion for extension of time to file Reply, Completed on: 2022-09-28, (Printed version due on 2022-10-06) | Alexander O. Balogun |
| 2022-08-24 | Applicant's reply to respondent's argument, (Letter Form), require: motion for extension of time (rec'd 2022-09-28), Completed on: 2022-09-28, (Printed version due on 2022-08-31) | Alexander O. Balogun |
| 2022-08-12 | Correspondence received from, (Letter Form), applicant confirms receipt of respondent's response and will file a reply, (Printed version due on 2022-08-19) | Alexander O. Balogun |
| 2022-08-11 | Respondent's response on the application for leave to appeal, (Letter Form), require: form 23A (rec'd 2022-09-28), Completed on: 2022-09-28, (Printed version due on 2022-08-18) | Harbhajan Singh Pandher |
| 2022-07-25 |
Notice of miscellaneous motion, (Letter Form), Motion to Join require: amended motion citing correct section of law (rec'd 2022-09-28), Completed on: 2022-09-28, (Printed version due on 2022-08-02) |
Alexander O. Balogun |
| 2022-07-25 |
Supplemental document, (Letter Form), supplemental document 02: extracts supplemental document 03: Affidavit LeaveToAppeal supplemental document 04: Doc 4 - Alta Rule of Court 2010 AR 124 supplemental document 05: Document A - Excerpt from Extract of Evidence supplemental document 06: Document B - AOC Nov 4 Cost supplemental document 07: Document C - Baergan Terminate supplemental document 08: Document D - Journal May-Dec 2003 supplemental document 09: Document E - Alta Rule of Court 2002 Settlement AR 390 supplemental document 10: Document F - Index of Exhibits for Trial supplemental document 11: Document G - Transcript - Trial supplemental document 12: Document H - Transcript - Appeal supplemental document 13: Document I - Orders supplemental document 14: Document J - Questionings, (Printed version due on 2022-08-02) |
Alexander O. Balogun |
| 2022-07-21 | Correspondence received from, (Letter Form), CA Order Form, (Printed version due on 2022-07-28) | Alexander O. Balogun |
| 2022-07-21 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form, (Printed version due on 2022-07-28) | Alexander O. Balogun |
| 2022-07-12 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-07-12 | |
| 2022-06-30 |
Application for leave to appeal, (Book Form), require: -an amended motion for extension of time (rec’d 2022-07-21) -an amended motion for stay (rec’d 2022-07-21) -a motion to join (rec’d 2022-07-25) -Public Access to Information Form (rec’d 2022-07-21) -CA Judgment dated 2022-05-04 (rec’d 2022-07-21) -CA Order dated 2022-05-04 (rec'd confirmation from applicant that there was no Order - rec'd 2022-09-28) -CA Judgment dated 2021-12-20 (rec’d 2022-07-21) -CA Order dated 2021-12-20 (rec’d 2022-07-25) -TC Judgment dated 2021-01-05 (rec’d 2022-07-25) -TC Order dated 2021-01-05 (rec'd confirmation from applicant that there was no Order - rec'd 2022-09-28) -TC Judgment dated 2020-06-29 (rec’d 2022-07-25) -TC Order dated 2020-06-29 (rec'd confirmation from applicant that there was no Order - rec'd 2022-09-28) -Service for initial application material (rec'd 2022-07-12) -Service for amended application material (rec'd 2022-07-25) -Amended motion to join, citing the correct section of law (rec'd 2022-09-28) received: -amended application for leave (rec'd 2022-07-25), Completed on: 2022-09-28, (Electronic version filed on 2022-06-30) |
Alexander O. Balogun |
| 2022-06-10 |
Motion for a stay of execution, (Book Form), require: -service (rec'd 2022-07-12) -amended notice of motion which cites the correct section of law (rec'd 2022-07-21) received: amended motion for stay included with application for leave to appeal material (rec'd 2022-06-30), duplicate motion re-filed (received 2022-07-25), Completed on: 2022-09-27, (Printed version filed on 2022-06-30) |
Alexander O. Balogun |
| 2022-05-03 |
Supplemental document, (Letter Form), Notice from the Court of Appeal of Alberta that the reserved judgment in 2003-0131AC will be released on May 4, 2022. require: service (rec'd 2022-07-12), (Electronic version due on 2022-05-10) |
Alexander O. Balogun |
| 2022-02-21 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), require: -service (rec'd 2022-07-12) -notice of motion for extension of time, citing a section of law (rec'd 2022-07-21) received: motion re-filed with application for leave to appeal (rec'd 2022-06-30), duplicate motion re-filed (rec'd 2022-07-25), Completed on: 2022-09-27, (Printed version filed on 2022-06-30) |
Alexander O. Balogun |
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 |
|---|---|---|
| Balogun, Alexander O. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Singh Pandher, Harbhajan | Respondent | Active |
Counsel
Party: Balogun, Alexander O.
This party is not represented by counsel.
Party: Singh Pandher, Harbhajan
Counsel
2800 Scotia Place
Edmonton, Alberta
T5J 3V9
Telephone: (780) 428-6036
Email: jspelliscy@dcllp.com
Summary
Keywords
Charter of Rights — Fundamental justice — Civil procedure — Appeals — Record on appeal —Costs — Damages — Trial court awarding damages and costs arising from injuries resulting from a motor vehicle accident — Court of Appeal modifying costs awarded at trial — Whether the complete record was before the Court of Appeal and, if not, whether this was a breach of fundamental justice — Whether the Court of Appeal committed errors in in dismissing the appeal and allowing the cross-appeal — Whether the application for leave to appeal 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.
In 2003, the applicant, Mr. Balogun, was injured in a motor vehicle accident when his van was rear ended by the respondent, Mr. Pandher. The same year, liability was determined summarily. In 2019, there was a trial to assess damages. The trial judge awarded damages to Mr. Balogun. She awarded him costs to the date of the first settlement offer that was better than the award at trial. She awarded costs to Mr. Pandher after that date. Mr. Balogun appealed both the damages award and the costs award. Mr. Pandher cross-appealed the costs award. The Court of Appeal dismissed the appeals and allowed the cross-appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
0303 12927, 2020 ABQB 386
Applicant’s claim allowed and damages awarded
Court of Queen’s Bench of Alberta
0303 12927, 2021 ABQB 7
Applicant and respondent awarded costs
Court of Appeal of Alberta (Edmonton)
2003-0131AC, 2021 ABCA 422
Appeals dismissed; respondent’s cross-appeal allowed; costs award modified
Court of Appeal of Alberta (Edmonton)
2003-0131AC, 2022 ABCA 160
Respondent awarded costs of the appeal and cross-appeal
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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