Case information
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40800
Monica McRuer v. Sunridge Nissan Inc., et al.
(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) |
|---|---|---|
| 2024-01-05 | Close file on Leave | |
| 2023-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-12-21 | Judgment on leave sent to the parties | |
| 2023-12-21 |
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), Numbers 2101-0331AC, 2201-0033AC and 2201-0034AC, 2023 ABCA 128, dated April 24, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-11-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-30 | Correspondence received from, the applicant, Monica McRuer (2023-10-27 & 2023-10-28) | Monica McRuer |
| 2023-08-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-08-11, (Printed version filed on 2023-08-11) | Monica McRuer |
| 2023-08-01 | Certificate (on limitations to public access), Form 23A | Sunridge Nissan Inc. |
| 2023-07-28 | Book of authorities, (Book Form), Completed on: 2023-07-28 | Sunridge Nissan Inc. |
| 2023-07-28 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Form 23A (rec'd 2023-08-01) - Proof of service (rec'd 2023-08-01), Completed on: 2023-08-01 |
Sunridge Nissan Inc. |
| 2023-06-27 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED: 2023-06-27 | |
| 2023-06-23 | Certificate (on limitations to public access), Form 23A | Monica McRuer |
| 2023-06-23 |
Application for leave to appeal, (Book Form), Missing: - Grey covers (rec'd 2023-06-23) , Completed on: 2023-10-25, (Printed version filed on 2023-06-23) |
Monica McRuer |
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 |
|---|---|---|
| McRuer, Monica | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sunridge Nissan Inc. | Respondent | Active |
| Boundary Investments Ltd. | Respondent | Active |
Counsel
Party: McRuer, Monica
Counsel
Karla-Gae Sterling
2440 Kensington Road NW
Calgary, Alberta
T2S 4N3
Telephone: (403) 521-6369
FAX: (403) 457-1552
Email: cllewellyn@llewellynlaw.net
Agent
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 627-2974
FAX: (613) 232-2680
Email: yhameed@hameedlaw.ca
Party: Sunridge Nissan Inc.
Counsel
301, 522 - 11th Avenue S.W.,
Calgary, Alberta
T2R 0C8
Telephone: (403) 462-1383
FAX: (403) 206-7888
Email: Shaun.Cody@newhorizonlaw.com
Party: Boundary Investments Ltd.
Counsel
301, 522 - 11th Avenue S.W.,
Calgary, Alberta
T2R 0C8
Telephone: (403) 462-1383
FAX: (403) 206-7888
Email: Shaun.Cody@newhorizonlaw.com
Summary
Keywords
Property — Real property — Mortgages — Priority — Common intention — Fraud — Foreclosure proceedings launched against real estate company — Creditors alleging priority over funds held in court — Courts below dismissing equitable mortgage claim advanced by one creditor — Whether 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.
The application for leave to appeal involves a dispute between the applicant, Ms. McRuer, and the respondents, Sunridge Nissan Inc. and Boundary Investments Ltd. (collectively, “Sunridge”), over priority to approximately $450,000 in surplus funds paid into court following foreclosure proceedings brought against Colony Homes Inc. in 2010. Ms. McRuer alleges that though her caveat was registered after that of Sunridge, an equitable mortgage in the land puts her in priority over the respondents. The trial judge did not agree with Ms. McRuer, because there was no evidence of “common intention” to create an equitable mortgage. The trial judge determined that Ms. McRuer’s claim was, in any event, statute barred. The Court of Appeal dismissed the appeals and cross-appeal, having found no reviewable error in the trial judge’s analysis.
Lower court rulings
Court of Queen’s Bench of Alberta
1001 16835, 2021 ABQB 928
Priority of funds paid into court declared going to Sunridge Nissan Inc. and Boundary Investments Ltd.
Court of Queen’s Bench of Alberta
1001 16835, 2022 ABQB 15
Sunridge Nissan Inc. and Boundary Investments Ltd. declared entitled to a total level of indemnification of 10% prior to service of their Formal Offer to Settle and 20% following service of their Formal Offer to Settle
Court of Appeal of Alberta (Calgary)
2023 ABCA 128, 2101-0331AC, 2201-0033AC; 2201-0034AC;
Appeals and cross-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