Case information
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41556
Jagdev Singh Bains v. Roderick A. Day, 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) |
|---|---|---|
| 2025-05-02 | Close file on Leave | |
| 2025-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-01 | Judgment on leave sent to the parties | |
| 2025-05-01 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of proceedings before the Court of Appeal of Alberta is dismissed. All requests for miscellaneous relief are dismissed. The applications for leave to appeal from the judgments of the Court of Appeal of Alberta (Calgary), Number 2301-0232AC, 2024 ABCA 327, dated October 16, 2024, and 2024 ABCA 374, dated November 20, 2024 are dismissed with costs. Dismissed, with costs |
|
| 2025-05-01 | Decision on the miscellaneous motion, See decision on application. | |
| 2025-03-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-10 | Submission of miscellaneous motion, for consideration by the Court | |
| 2025-02-24 | Supplemental document, (Letter Form), Court of appeal documents | Jagdev Singh Bains |
| 2025-02-05 | Correspondence received from, (Letter Form) | Jagdev Singh Bains |
| 2025-02-05 | Correspondence received from, (Letter Form), regarding judgment of the Court of King's Bench of Alberta dated January 27, 2025. , (Printed version due on 2025-02-12) | Roderick A. Day |
| 2025-02-04 | Correspondence received from, (Letter Form) | Jagdev Singh Bains |
| 2025-01-27 | Correspondence received from, (Letter Form), In support to the reply. | Jagdev Singh Bains |
| 2025-01-27 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-01-27, (Printed version due on 2025-02-03) | Jagdev Singh Bains |
| 2025-01-21 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-27) | Roderick A. Day |
| 2025-01-15 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: - Form 23A (Rec'd 2025-01-21) - Proof of service (Rec'd 2025-01-22), Completed on: 2025-01-22, (Electronic version due on 2025-01-22) |
Roderick A. Day |
| 2025-01-10 | Correspondence received from, (Letter Form) | Jagdev Singh Bains |
| 2025-01-10 | Letter advising parties of a complete application for leave to appeal, 2ND APPLICATION - FILE OPENED | |
| 2025-01-07 | Supplemental document, (Letter Form), 3 VOLUMES | Jagdev Singh Bains |
| 2025-01-07 | Notice of miscellaneous motion, (Book Form), Completed on: 2025-01-09 | Jagdev Singh Bains |
| 2025-01-07 | Notice of name, (Letter Form) | Jagdev Singh Bains |
| 2025-01-07 | Certificate (on limitations to public access), (Letter Form), Form 23A | Jagdev Singh Bains |
| 2025-01-07 | Application for leave to appeal, (Book Form), 2ND APPLICATION, Completed on: 2025-01-09 | Jagdev Singh Bains |
| 2025-01-06 |
Supplemental document, (Book Form), 2 VOLUMES Supporting documents for the reply |
Jagdev Singh Bains |
| 2025-01-06 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Proof of service, Completed on: 2025-03-11 |
Jagdev Singh Bains |
| 2024-12-16 | Book of authorities, (Book Form), Completed on: 2024-12-17, (Printed version filed on 2024-12-18) | Roderick A. Day |
| 2024-12-16 | Notice of name, (Letter Form), (Printed version filed on 2024-12-18) | Roderick A. Day |
| 2024-12-16 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-12-18) | Roderick A. Day |
| 2024-12-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-12-17, (Printed version filed on 2024-12-18) | Roderick A. Day |
| 2024-11-21 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-11-19 |
Supplemental document, (Book Form), 3 volumes Lower courts documents, orders and judgment. |
Jagdev Singh Bains |
| 2024-11-19 | Notice of name, (Letter Form) | Jagdev Singh Bains |
| 2024-11-19 | Certificate (on limitations to public access), (Letter Form), Form 23A | Jagdev Singh Bains |
| 2024-11-19 | Application for leave to appeal, (Book Form), Completed on: 2024-11-22 | Jagdev Singh Bains |
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 |
|---|---|---|
| Singh Bains, Jagdev | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| A. Day, Roderick | Respondent | Active |
| Y. Adam, Hassan | Respondent | Active |
| Adam Abakar, Youssouf | Respondent | Active |
| Geary, Kevin William | Respondent | Active |
| Odile Rawlyk, Olive | Respondent | Active |
Counsel
Party: Singh Bains, Jagdev
This party is not represented by counsel.
Party: A. Day, Roderick
Counsel
421 7th Avenue SW Suite 2610
Calgary, Alberta
T2P 4K9
Telephone: (403) 355-6400
Email: Cynthia.Aoki@clydeco.ca
Party: Y. Adam, Hassan
Counsel
1000 - 903 8th Avenue SW
Calgary, Alberta
T2P 0P7
Telephone: (403) 269-7220
FAX: (403) 269-9304
Email: djcorrigan@hmclawyers.com
Party: Adam Abakar, Youssouf
Counsel
1000 - 903 8th Avenue SW
Calgary, Alberta
T2P 0P7
Telephone: (403) 269-7220
FAX: (403) 269-9304
Email: djcorrigan@hmclawyers.com
Party: Geary, Kevin William
Counsel
Carolyne Paterson
400, 444 7 Avenue SW
Calgary, Alberta
T2P 0X8
Telephone: (403) 260-8500
FAX: (403) 264-7084
Email: ddowne@fieldlaw.com
Party: Odile Rawlyk, Olive
Counsel
Carolyne Patterson
400, 444 7 Avenue SW
Calgary, Alberta
T2P 0X8
Telephone: (403) 260-8500
FAX: (403) 264-7084
Email: ddowne@fieldlaw.com
Summary
Keywords
Appeal — Courts — Judges — Costs — Whether Court of Appeal wrongly ignored issues and manufactured issues — Whether leave should have been granted to raise whether case management judge could not preside over trial — Whether judge wrongly took control of applications, approached them with a closed mind, and improperly granted an appeal that is moot — Whether there was denial of natural justice or an appearance of bias or cruel, partial, unfair and unlawful treatment — Whether hearing in writing without consent breached rules of court — Whether right to reply improperly denied — Whether leave to lead evidence unfairly denied — Whether applications were joined for improper purpose — Whether to quash or set aside costs award — Whether applications to have applications heard by a panel, to amend order, to amend statements claim, to institute private prosecution or produce witnesses, and to stay proceedings improperly denied.
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.
Dr. Bains was involved in three separate motor vehicle accidents and commenced three actions for damages. They were heard together and dismissed. Strekaf J.A. granted leave to appeal in part and dismissed an application to stay the trial judge’s costs award. Strekaf J.A. denied leave to appeal to a panel of the Court of Appeal and dismissed an application for other relief. Strekaf J.A. denied leave to appeal to a panel of the Court of Appeal from the dismissal of the application for other relief.
Lower court rulings
Court of King’s Bench of Alberta
190103639
Actions dismissed
Application for leave to appeal granted in part, application to stay costs order dismissed
Application for permission to appeal to three-judge panel dismissed; Application for relief dismissed
Application for permission to appeal to three-judge panel 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
Not available