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41270

Ingrid Hayden v. Canadian Imperial Bank of Commerce

(Alberta) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2024-12-30 Close file on Leave
2024-12-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2024-12-19 Judgment on leave sent to the parties
2024-12-19 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of King’s Bench of Alberta, Number 2101-08260, 2024 ABKB 230, dated April 22, 2024, is dismissed.
Dismissed
2024-11-18 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-07-22 Letter advising parties of a complete application for leave to appeal, FILE OPENED
2024-07-22 Reopen file
2024-06-19 Close file on Leave
2024-06-19 Discontinuance of the application for leave to appeal, (Letter Form), discontinuance of joint leave application filed on 2024-05-08. Ingrid Hayden
2024-06-14 Book of authorities, (Book Form), Completed on: 2024-07-22, (Printed version filed on 2024-06-14) Ingrid Hayden
2024-06-14 Supplemental document, (Book Form), 2 volumes, (Printed version filed on 2024-06-14) Ingrid Hayden
2024-06-14 Application for leave to appeal, (Book Form), Second application, Completed on: 2024-06-14, (Printed version filed on 2024-06-14) Ingrid Hayden
2024-06-14 Book of authorities, (Book Form), Completed on: 2024-06-25, (Printed version due on 2024-06-21) Ingrid Hayden
2024-06-14 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-14, (Printed version due on 2024-06-21) Alberta Health Services
2024-06-11 Correspondence received from, (Letter Form), Regarding parties in this matter and style of cause Ingrid Hayden
2024-05-17 Correspondence received from, (Letter Form), Regarding the Style of Cause, (Printed version due on 2024-05-27) Ingrid Hayden
2024-05-16 Letter advising parties of an incomplete application for leave to appeal, FILE OPENED
2024-05-13 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-05-21) Ingrid Hayden
2024-05-08 Supplemental document, (Book Form), 2 Volumes, (Printed version due on 2024-05-15) Ingrid Hayden
2024-05-08 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-05-15) Ingrid Hayden
2024-05-08 Application for leave to appeal, (Book Form), Amended application received June 14, 2024
Missing:
- Motion to Join
- Amended cover pages (Rec'd June 14, 2024(, Completed on: 2024-05-09, (Printed version due on 2024-05-15)
Ingrid Hayden

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

Main parties - Appellants
Name Role Status
Hayden, Ingrid Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian Imperial Bank of Commerce Respondent Active

Counsel

Party: Hayden, Ingrid

This party is not represented by counsel.

Party: Canadian Imperial Bank of Commerce

Counsel
Name
Stuart Weatherill
Contact information
Emery Jamieson LLP
2400, 10235-101 Street
Edmonton, Alberta
T5J 3G1
Email: sweatherill@emeryjamieson.com

Summary

Keywords

Civil procedure – Abuse of process – Whether application judge erred by dismissing application for permission for restricted litigant to initiate proceeding

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.


Civil procedure – Abuse of process – Whether application judge erred by dismissing application for permission for restricted litigant to initiate proceeding

The respondent is the applicant’s mortgage lender. The respondent foreclosed on the applicant’s mortgage and forced the sale of her home. The applicant wishes to preserve a portion of the proceeds of sale for herself by way of litigation in the Alberta Court of King’s Bench. Her access to that court has been restricted indefinitely, and she requires leave to initiate or continue any proceedings there. She sought, and was denied, leave to challenge the distribution of the proceeds of sale. She then sought leave to initiate a similar proceeding based on a different legal argument.

The application judge denied permission to initiate the proceeding, holding that there were no reasonable grounds for the litigation.

Lower court rulings

April 22, 2024
Court of King’s Bench of Alberta

2101-08260, 2024 ABKB 230

Application for leave to initiate proceeding 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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

Webcasts

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Date modified: 2025-08-27