Case information
Consult our database for details on a Supreme Court of Canada case.
40284
Ingrid S. Hayden v. Canadian Imperial Bank of Commerce
(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) |
|---|---|---|
| 2023-05-12 | Close file on Leave | |
| 2023-05-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-04 | Judgment on leave sent to the parties | |
| 2023-05-04 |
Judgment of the Court on the application for leave to appeal, The motion to join two Court of Queen’s Bench of Alberta files in a single application for leave to appeal is granted. The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgments of the Court of Queen’s Bench of Alberta, Number 2101 08260, 2021 ABQB 985, dated December 10, 2021, and 2022 ABQB 97, dated February 2, 2022, is dismissed. Dismissed |
|
| 2023-05-04 |
Decision on the miscellaneous motion, See decision on judgement Granted |
|
| 2023-03-27 | Submission of miscellaneous motion, for consideration by the Court | |
| 2023-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-03-27 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-03-15 | Notice of miscellaneous motion, (Included in the motion to extend the time to file and or serve the application for leave to appeal), Motion to join, Completed on: 2023-04-18 | Ingrid S. Hayden |
| 2023-03-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-03-22 | Ingrid S. Hayden |
| 2023-02-24 | Letter and notice pursuant to Rule 64 sent to, the applicant, via email | |
| 2022-10-20 | Supplemental document, (Book Form), Exhibits A-D, (Printed version due on 2022-10-27) | Ingrid S. Hayden |
| 2022-10-19 | Correspondence received from, (Letter Form), (Printed version due on 2022-10-26) | Ingrid S. Hayden |
| 2022-07-20 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-07-20 | |
| 2022-04-04 | Book of authorities, (Book Form), Completed on: 2022-07-20 | Ingrid S. Hayden |
| 2022-04-04 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-04-04) | Ingrid S. Hayden |
| 2022-04-04 |
Application for leave to appeal, (Book Form), Required: - Motion to extend time (Rec'd 2023-03-15) - Amended Notice of Application citing the file number (Rec'd 2023-03-15), Completed on: 2023-03-22, (Printed version filed on 2022-04-04) |
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 | Respondent | Active |
Counsel
Party: Hayden, Ingrid S.
This party is not represented by counsel.
Party: Canadian Imperial Bank of Commerce
Counsel
MNP Tower
2400, 10235-101 Street
Edmonton, Alberta
T5J 3G1
Telephone: (780) 670-2171
FAX: (780) 420-6277
Email: sweatherill@emeryjamieson.com
Summary
Keywords
Civil procedure — Abuse of process — Mortgages — Whether the lower courts erred in fact and law and denied the applicant procedural fairness by granting the respondent summary judgment and denying Notices of Appeal.
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 underlying proceeding to this application was a debt collection action brought by the respondent against the applicant. The respondent sought repayment of an outstanding mortgage debt or foreclosure of the mortgaged property. In her defence the applicant alleged fraud, misrepresentations and bad faith when the respondent would not give her a consolidation loan.
On November 18, 2021, Master Mason rejected the applicant’s loan consolidation defence and found that the respondent had adequately proven the existence of the applicant’s mortgage and debt. She granted an Order for summary judgment setting the redemption period for the applicant’s payment of the outstanding mortgage amount, failing which the lands would be listed for judicial sale.
The applicant seeks leave to appeal two decisions of the Alberta Court of Queen’s Bench. In the first, dated Dec. 10, 2021, the court denied the applicant leave to file her notice for leave to appeal the Master’s decision. Following that decision, the applicant submitted documents to court in response to deficiencies noted in her previous proceeding, and sought to file a second Notice of Appeal of the Master’s decision. In the second decision, dated February 2, 2022, the court again denied the applicant leave to file.
Lower court rulings
Court of Queen’s Bench of Alberta
2021 ABQB 985
Notice of Appeal of Master’s judgment or Order was denied filing in toto and applicant prohibited from seeking permission to file these claims again.
Court of Queen’s Bench of Alberta
2022 ABQB 97, 2101 08260
Notice of Appeal of Master’s judgment or Order was denied filing in toto and applicant prohibited from seeking permission to file these claims again.
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