Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41403
Abdifatah Elmi v. Fasken Martineau DuMoulin LLP
(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) |
|---|---|---|
| 2024-12-20 | Response to the bill of costs, Completed on: 2025-01-13 | Abdifatah Elmi |
| 2024-12-13 | Bill of costs, UNDER REVIEW, Completed on: 2024-12-13 | Fasken Martineau DuMoulin LLP |
| 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 application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of King’s Bench of Alberta, Number 2301-11628, dated May 17, 2024, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2024-12-05 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-10-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-28 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-10-28 | Submission of motion to adduce new evidence, for consideration by the Court | |
| 2024-10-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-10-02 | Abdifatah Elmi |
| 2024-09-24 | Certificate (on limitations to public access), 23A | Fasken Martineau DuMoulin LLP |
| 2024-09-24 | Notice of name | Fasken Martineau DuMoulin LLP |
| 2024-09-24 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2024-09-24, (Printed version due on 2024-10-02) | Fasken Martineau DuMoulin LLP |
| 2024-09-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-24, (Printed version due on 2024-10-02) | Fasken Martineau DuMoulin LLP |
| 2024-09-11 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2024-09-11 | Abdifatah Elmi |
| 2024-08-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2024-08-20 | Supplemental document, Self-rep questionnaire | Abdifatah Elmi |
| 2024-08-20 | Motion to adduce new evidence, (Book Form), Completed on: 2024-08-27 | Abdifatah Elmi |
| 2024-08-20 | Certificate (on limitations to public access), Public access to information form | Abdifatah Elmi |
| 2024-08-20 |
Application for leave to appeal, (Book Form), Missing: - Motion for an extension of time (Rec'd 09-12-2024) - Correct decision date on notice of application (Rec'd 09-12-2024), Completed on: 2024-09-12 |
Abdifatah Elmi |
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 |
|---|---|---|
| Elmi, Abdifatah | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Fasken Martineau DuMoulin LLP | Respondent | Active |
Counsel
Party: Elmi, Abdifatah
This party is not represented by counsel.
Party: Fasken Martineau DuMoulin LLP
Counsel
800, 304- 8 Ave SW
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1520
FAX: (403) 571-1528
Email: millers@jssbarristers.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Summary
Keywords
Law of professions — Barristers and solicitors — Conflict of interest — Corporations — Director — Respondent law firm acting for applicant’s former employer in constructive dismissal claim brought by applicant in his personal capacity — Applicant founder of corporation which had retained services of respondent law firm in the past — Following settlement of constructive dismissal claim, applicant commencing action against law firm for breach of fiduciary duty, breach of confidence, negligence and unjust enrichment — Application judge dismissing action — Whether there is a single of rule for establishing lawyer-client relationship in absence of formal retainer — Whether proper to pierce the corporate veil and consider corporation’s controlling mind as client — Whether relationship between lawyer and entrepreneur/founder of a start-up company giving rise to fiduciary obligation — Whether standard for summary dismissal lower for unrepresented plaintiffs.
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.
Applicant Abdifatah Elmi is the founder of a corporation, Zallat Inc., which retained respondent Fasken Martineau DuMoulin LLP (hereafter, “Fasken”) to provide some legal assistance.
Mr. Elmi was also an employee of a corporation that provided security services. In 2020, Mr. Elmi commenced a claim against that corporation for constructive dismissal; the security corporation retained Fasken to represent it in relation to that claim. The claim was settled.
Several months later, Mr. Elmi commenced an action in provincial court against Fasken for breach of fiduciary duty, breach of confidence, negligence, and unjust enrichment. He asserted that he had hired Fasken to protect his interests and that Fasken had chosen to act against him in respect of his claim against the security corporation.
Fasken brought an application for summary dismissal. The application judge dismissed Mr. Elmi’s action. Mr. Elmi’s appeal to the Court of King’s Bench of Alberta was dismissed.
Lower court rulings
Court of King’s Bench of Alberta
P2290101917
Application for summary judgment granted; action dismissed
Court of King’s Bench of Alberta
2301 11628
Appeal dismissed
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.
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
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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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