Case information
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41219
Chunmun Chopra v. Kaushal Pander
(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) |
|---|---|---|
| 2025-01-23 | Close file on Leave | |
| 2024-07-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-18 | Judgment on leave sent to the parties | |
| 2024-07-18 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of proceedings is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2301-0138AC, 2024 ABCA 52, dated February 16, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-07-18 | Decision on the miscellaneous motion, See decision on application | |
| 2024-06-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-17 | Submission of miscellaneous motion, for consideration by the Court | |
| 2024-05-15 | Certificate (on limitations to public access), 23B | Kaushal Pander |
| 2024-05-15 | Certificate (on limitations to public access), 23A | Kaushal Pander |
| 2024-05-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-16 | Kaushal Pander |
| 2024-04-22 | Affidavit of service - e-filing, All materials | Chunmun Chopra |
| 2024-04-15 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-04-04 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), Motion for a stay of proceedings, Completed on: 2024-06-14 | Chunmun Chopra |
| 2024-04-04 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), Motion to appoint a support person, Completed on: 2024-06-14 | Chunmun Chopra |
| 2024-04-04 | Certificate (on limitations to public access), 23B | Chunmun Chopra |
| 2024-04-04 | Certificate (on limitations to public access), 23A | Chunmun Chopra |
| 2024-04-04 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 04-22-2024) - Filing fee (Rec'd 2024-04-15), Completed on: 2024-04-22 |
Chunmun Chopra |
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 |
|---|---|---|
| Chopra, Chunmun | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pander, Kaushal | Respondent | Active |
Counsel
Party: Chopra, Chunmun
This party is not represented by counsel.
Party: Pander, Kaushal
Counsel
Ashwin Gupta
354 8th Avenue NE
Calgary, Alberta
T2E 3J8
Telephone: (587) 349-3153
Email: aydin@far-sight.ca
Summary
Keywords
Family law — Divorce — Jurisdiction — Whether the Court of King’s Bench erroneously relied on ss. 3(1) and 3(2) of the Divorce Act to assume jurisdiction — Whether India is the more convenient forum — Whether the courts erred in not taking note of the mala fide conduct of the respondent and his attempts at forum shopping — Whether the heavy cost of $675 imposed on the applicant is justified — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 3.
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 married in India in 2012 and had a child in 2015. They moved to Canada in 2018. On May 24, 2022, the respondent filed a statement of claim for divorce. The statement of claim was served on the applicant in Calgary on October 24, 2022.
In November 2022, the applicant returned to India with the child and obtained an injunction from the family court in Gurugram, India to restrain the respondent from proceeding with the divorce action in Alberta. She also applied for restitution of conjugal rights in India. The applicant and the child are living in India.
The respondent sought a determination that Alberta had jurisdiction over the divorce. The chambers judge concluded that Alberta retained jurisdiction over the divorce action. She found that the parties were resident in Alberta for four years before the claim was filed. The chambers judge ordered the applicant to pay costs in the amount of $675. The applicant appealed but her appeal was dismissed.
Lower court rulings
Court of King’s Bench of Alberta
4801 193472
Order that Alberta court retains jurisdiction granted
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