Case information
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41509
His Majesty the King in Right of the Province of Alberta v. MS, 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) |
|---|---|---|
| 2025-03-28 | Close file on Leave | |
| 2025-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-27 | Judgment on leave sent to the parties | |
| 2025-03-27 |
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), Number 2201-0246AC, 2024 ABCA 270, dated August 19, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-02-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-02 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-12-06) | His Majesty the King in Right of the Province of Alberta |
| 2024-12-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-12-02, (Printed version filed on 2024-12-06) | His Majesty the King in Right of the Province of Alberta |
| 2024-11-20 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-11-22) | MS |
| 2024-11-20 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-11-22) | MS |
| 2024-11-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-11-20, (Printed version filed on 2024-11-22) | MS |
| 2024-10-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-10-18 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-10-24) | His Majesty the King in Right of the Province of Alberta |
| 2024-10-18 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-24) | His Majesty the King in Right of the Province of Alberta |
| 2024-10-18 | Application for leave to appeal, (Book Form), Amended version received 10-23-2024, Completed on: 2024-10-18, (Printed version filed on 2024-10-24) | His Majesty the King in Right of the Province of Alberta |
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 |
|---|---|---|
| His Majesty the King in Right of the Province of Alberta | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| MS | Respondent | Active |
| Reilly, Ryan | Respondent | Active |
Counsel
Party: His Majesty the King in Right of the Province of Alberta
Counsel
Frances Chiu
Legal Services Division
10011-109 Street, 9th Floor
Edmonton, Alberta
T5S 3S8
Telephone: (780) 427-3966
FAX: (780) 427-1230
Email: john-marc.dube@gov.ab.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Reilly, Ryan
Counsel
425, 630 – 6th Avenue SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 617-9868
Email: marg@waddellphillips.ca
Party: MS
Counsel
425, 630 – 6th Avenue SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 617-9868
Email: marg@waddellphillips.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
Summary
Keywords
Civil procedure — Class actions — Certification — Whether and to what extent is it justiciable for a court to review the funding and resource allocation decisions of government to determine if government may be subject to civil liability in negligence or for a breach of the Charter — Whether and to what extent may a government be subject to civil liability in negligence or breach of the Charter for actions by the police when engaged in the provincial bail process?
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.
In 2017, Mr. Reilly and MS were arrested and each was held without bail for more than 24 hours. Section 503 of the Criminal Code, R.S.C. 1985, c. C-46, mandates an accused shall be brought to court for a bail hearing within 24 hours if a justice is available or as soon as possible if a justice is not available. Mr. Reilly and MS commenced a claim against the Province of Alberta alleging negligence and breaches of Charter rights. The Court of King’s Bench of Alberta certified the action as a class proceeding. A majority of the Court of Appeal dismissed an appeal.
Lower court rulings
Class action certified
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