Case information
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40505
Salim Rana v. Zahir Rana, Attorney for Gulzar 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 Appeal of Alberta (Calgary), Number 2201-0183AC, 2022 ABCA 306, dated September 26, 2022, is dismissed. Dismissed |
|
| 2023-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-22 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-12-22 | |
| 2022-11-18 | Certificate (on limitations to public access), 23A | Salim Rana |
| 2022-11-18 |
Application for leave to appeal, (Book Form), REQUIRED: - TC order (rec'd 2022-12-26), Completed on: 2023-01-04, (Printed version due on 2022-11-25) |
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 |
|---|---|---|
| Zahir Rana, Attorney for Gulzar Rana | Respondent | Active |
Counsel
Party: Rana, Salim
This party is not represented by counsel.
Party: Zahir Rana, Attorney for Gulzar Rana
Counsel
Erin J. Baker
800, 304 – 8th Avenue S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1058
Email: wilsona@jssbarristers.ca
Summary
Keywords
Judgments and orders — Declaratory judgments — Vexatious litigant order — Respondent failing to provide Minister and Solicitor General with required notice that he was seeking to have applicant declared a vexatious litigant — Respondent’s application to rectify the deficiency granted — Whether the second order was null and void for lack of jurisdiction — Whether the lack of a statutory requirement in the initial application of Judicature Act application could be cured by the respondent even if the permission application in the Court of Appeal was already granted — Whether decision of Court of Appeal should be set aside
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 February 16, 2022, the court imposed indefinite court access restrictions on the applicant pursuant to the Judicature Act, R.S.A. 2000, c. J-2, ss. 23-23.1. The applicant’s application for leave to appeal that decision was denied, except on one specific issue. It was not disputed that the respondent, when making his application to have the applicant declared a vexatious litigant, failed to notify the Minister of Justice and Solicitor General, as required under s. 23.1(1). That section allows the Minister an absolute right to engage in the process. The respondent applied to vary the Vexatious Litigant Order to indicate that the Minister had been notified. The question for the court was whether the respondent’s initial failure to provide notice to the Minister had any substantive effect on the granting of the Vexatious Litigation Order.
The original Vexatious Litigant Order was varied nunc pro tunc to add to the preamble that the Minister and Solicitor General had been given notice of the Judicature Act application and indicated that they would not be taking any position on the matter. The applicant’s application for permission to appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
1501 02369, 2022 ABQB 460
Vexatious Litigant Order varied
Court of Appeal of Alberta (Calgary)
2022 ABCA 306, 2201-0183AC
Applicant’s application for permission to appeal dismissed
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