Case information
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40772
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) |
|---|---|---|
| 2023-10-16 | Close file on Leave | |
| 2023-10-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-10-12 | Judgment on leave sent to the parties | |
| 2023-10-12 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of execution is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2301-0039AC, 2023 ABCA 112, dated March 31, 2023, is dismissed. Dismissed |
|
| 2023-10-12 | Decision on the motion for a stay of execution, See decision on application | |
| 2023-09-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-11 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2023-08-03 | Response to the motion for a stay of execution, (Book Form), Completed on: 2023-08-15, (Printed version filed on 2023-08-11) | Zahir Rana, Attorney for Gulzar Rana |
| 2023-07-31 |
Motion for a stay of execution, (Book Form), Required: - filing fee, Completed on: 2023-09-13 |
Salim Rana |
| 2023-07-19 | Correspondence received from, Request for an urgent review | Salim Rana |
| 2023-06-07 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-06-07 | |
| 2023-05-26 | Certificate (on limitations to public access), 23A | Salim Rana |
| 2023-05-26 |
Application for leave to appeal, (Book Form), REQUIRED - Filing fee (rec'd 2023-07-04), Completed on: 2023-07-05 |
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 Baker
800, 304 – 8th Avenue S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1058
Email: wilsona@jssbarristers.ca
Summary
Keywords
Civil procedure – Case Management – Appeals – Case management judge directing parties to an action to participate in pre-trial judicial dispute resolution process – Judge later varying order to remove dispute resolution requirement – Court of Appeal denying leave to appeal the variation and prohibiting applicant from bringing further applications until outstanding costs awards are satisfied – Whether parties can be denied dispute resolution after having concurred to undergo such a procedure
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 parties were involved in an action that was subject to case management. The applicant sought permission to appeal a variation of an order of the case management judge, which rescinded his earlier decision to conduct a non-binding judicial dispute resolution process. The respondent brought a cross-application, seeking to prohibit further applications in the Court of Appeal unless all outstanding Court of Appeal cost awards are paid in full.
The Court of Appeal declined to grant permission to appeal the variation, and ordered that the applicant must satisfy the outstanding costs awards prior to making any further applications to the Court of Appeal.
Lower court rulings
Court of King’s Bench of Alberta
1501-02369
Order to set the matter for trial; parties directed to participate in a pre-trial judicial dispute resolution process
Court of King’s Bench of Alberta
1501 02369, 2022 ABQB 455
June 30, 2022 order varied; requirement to participate in a pre-trial judicial dispute resolution process removed
Court of Appeal of Alberta (Calgary)
2023 ABCA 112, 2301-0039AC
Application for permission to appeal dismissed. Cross-application (for an order prohibiting further applications to the Court of Appeal until all costs awards are paid in full) granted
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
Not available
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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