Case information
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41225
Diana Colleen Marie Giesbrecht v. Corwin Scott Giesbrecht (also known as Corey Giesbrecht)
(Alberta) (Civil) (By Leave)
(Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-05-05 | Close file on Leave | |
| 2025-05-05 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2025-03-28 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2025-01-16 | Certificate (on limitations to public access), 23A & 23B - Motion for reconsideration | Diana Colleen Marie Giesbrecht |
| 2025-01-16 |
Motion for reconsideration of the application for leave to appeal, (Book Form), including a motion to adduce fresh evidence. RESTRICTED , Completed on: 2025-01-20, (Printed version filed on 2025-01-16) |
Diana Colleen Marie Giesbrecht |
| 2024-12-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-05 | Judgment on leave sent to the parties | |
| 2024-12-05 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2301-0033AC, 2024 ABCA 67, dated February 15, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-12-05 |
Decision on motion to extend time, See decision on application Granted |
|
| 2024-10-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-07 | Submission of motion to extend time, for consideration by the Court | |
| 2024-07-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-07-12, (Printed version filed on 2024-07-12) | Diana Colleen Marie Giesbrecht |
| 2024-06-28 | Certificate (on limitations to public access), (Letter Form), Amended Form 23A, (Printed version filed on 2024-06-28) | Corwin Scott Giesbrecht (also known as Corey Giesbrecht) |
| 2024-06-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-28, (Printed version filed on 2024-06-28) | Corwin Scott Giesbrecht (also known as Corey Giesbrecht) |
| 2024-06-25 | Correspondence received from, (Letter Form), The response will be filed on June 28, 2024., (Printed version filed on 2024-06-28) | Corwin Scott Giesbrecht (also known as Corey Giesbrecht) |
| 2024-05-29 | Correspondence received from, (Letter Form), Appointing counsel for the Respondent, (Printed version due on 2024-06-05) | Corwin Scott Giesbrecht (also known as Corey Giesbrecht) |
| 2024-05-27 | Correspondence received from, (Letter Form), (Printed version filed on 2024-05-28) | Diana Colleen Marie Giesbrecht |
| 2024-05-09 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-05-16) | Corwin Scott Giesbrecht (also known as Corey Giesbrecht) |
| 2024-05-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-05-16) | Corwin Scott Giesbrecht (also known as Corey Giesbrecht) |
| 2024-05-09 | Motion to extend time, (Letter Form), Completed on: 2024-05-13, (Printed version due on 2024-05-16) | Corwin Scott Giesbrecht (also known as Corey Giesbrecht) |
| 2024-04-17 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-04-12 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-12) | Diana Colleen Marie Giesbrecht |
| 2024-04-12 | Application for leave to appeal, (Book Form), Completed on: 2024-10-04, (Printed version filed on 2024-04-12) | Diana Colleen Marie Giesbrecht |
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 |
|---|---|---|
| Giesbrecht, Diana Colleen Marie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Giesbrecht (also known as Corey Giesbrecht), Corwin Scott | Respondent | Active |
Counsel
Party: Giesbrecht, Diana Colleen Marie
Counsel
1020 - 140 4 Avenue SW
North Tower Ampersand
Calgary, Alberta
T2P 3N3
Telephone: (403) 218-6282
Email: harms@dmhlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Giesbrecht (also known as Corey Giesbrecht), Corwin Scott
Counsel
Calgary, Alberta
T2R 0E2
Telephone: (403) 453-0756
Email: rita@richardsonlawalberta.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Family law — Family assets — Division of matrimonial property — Couple separating after 18 years of marriage — Summary trial occurring seven years after separation — Trial judge selecting date of trial as valuation date for wife’s pension — Equalization payment awarded in favour of husband — What is proper approach to determining unequal division of pension where default valuation date would create unfairness if it were divided equally? — Family Property Act, R.S.A. 2000, c. 4-7, ss. 7, 8.
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 married in 1997, had two children, and separated in 2016. The parties were separated for seven years before proceeding to a summary trial to address issues of matrimonial property division, child support, and spousal support. The trial judge dismissed the wife’s claim for retroactive child support; dismissed the husband’s claim for spousal support; but awarded the husband an equalization payment of $113,947, including an equal division of the wife’s pension, with the date of trial selected as the valuation date.
The wife appealed on two grounds: 1) that the trial judge erred with respect to selecting the valuation date for the pension; and 2) that the trial judge erred in dismissing her claim for retroactive child support. The Court of Appeal dismissed the wife’s appeal on the pension issue, but allowed her appeal on the retroactive child support issue.
Lower court rulings
Court of King’s Bench of Alberta
4810-025753
Ms. Giesbrecht’s claim for retroactive child support — dismissed;
Mr. Giesbrecht’s claim for spousal support —dismissed;
Mr. Giesbrecht awarded equalization payment of $113,947
Ms. Giesbrecht’s appeal on issue of retroactive child support — allowed;
Ms. Giesbrecht’s appeal on issue of pension valuation — dismissed
Memorandums of argument on application for leave to appeal
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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.
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