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.
41956
Azmin Habib, et al. v. Alykhan Habib, 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) |
|---|---|---|
| 2025-12-12 | Close file on Leave | |
| 2025-12-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-12-11 | Judgment on leave sent to the parties | |
| 2025-12-11 |
Judgment of the Court on the application for leave to appeal, It is not necessary to address the motion for an extension of time to serve and file application for leave to appeal. The motion for stays of costs is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Numbers 2401-0234AC, 2401-0255AC, 2025 ABCA 243, dated June 30, 2025, is dismissed. Dismissed |
|
| 2025-12-11 |
Decision on the motion for a stay of execution, See judgment on application Dismissed |
|
| 2025-11-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-11-17 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2025-11-17 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-10-17 |
Certificate (on limitations to public access), (Letter Form), 23B Missing Proof of Service |
Azmin Habib |
| 2025-10-17 |
Certificate (on limitations to public access), (Letter Form), 23A Missing Proof of Service |
Azmin Habib |
| 2025-09-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-10-06) | Alykhan Habib |
| 2025-09-25 |
Response to the motion for a stay of execution, (Letter Form), Missing Proof of Service (Rec'd 2025-10-06), Completed on: 2025-10-06, (Printed version due on 2025-10-03) |
Alykhan Habib |
| 2025-09-25 |
Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Missing Proof of Service (Rec'd 2025-10-06), Completed on: 2025-10-06, (Printed version due on 2025-10-03) |
Alykhan Habib |
| 2025-09-25 |
Respondent's response on the application for leave to appeal, (Book Form), Missing 23A (Rec'd 2025-09-26) Proof of Service (2025-10-06), Completed on: 2025-10-06, (Printed version due on 2025-10-03) |
Alykhan Habib |
| 2025-08-28 |
Motion for a stay of execution, (Book Form), Missing Proof of Service (Rec'd 2025-08-29), Completed on: 2025-10-17 |
Azmin Habib |
| 2025-08-28 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing . Proof of Service (Rec'd 2025-08-29), Completed on: 2025-08-29 |
Azmin Habib |
| 2025-08-26 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-08-25 |
Application for leave to appeal, (Book Form), Missing Amended Notice of Application (Citing provision of law and Date of Judgment) (Rec'd 2025-08-26) Motion for Extension of Time (Rec'd 2025-08-28) Signed copy of the CA Judgment of 2025-06-30 Public Access to Information Form (Rec'd 2025-10-17) Proof of Service (Rec'd 2025-08-29), Completed on: 2025-11-18 |
Azmin Habib |
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 |
|---|---|---|
| Habib, Azmin | Applicant | Active |
| Habib, Shahin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Habib, Alykhan | Respondent | Active |
| Chiang, Cynthia Leal | Respondent | Active |
Counsel
Party: Habib, Azmin
This party is not represented by counsel.
Party: Habib, Shahin
This party is not represented by counsel.
Party: Habib, Alykhan
Counsel
104 - 7370 Sierra Morena Blvd S.W.
Calgary, Alberta
T3H 4H9
Telephone: (403) 453-1054
FAX: (403) 453-1056
Email: brad@minuklaw.com
Party: Chiang, Cynthia Leal
Counsel
104 - 7370 Sierra Morena Blvd S.W.
Calgary, Alberta
T3H 4H9
Telephone: (403) 453-1054
FAX: (403) 453-1056
Email: brad@minuklaw.com
Summary
Keywords
Civil procedure — Bias — Reasonable apprehension of bias — Whether participation of judge of Court of Appeal in an appeal from a judgment of a professional colleague with whom they share an ongoing external academic and professional collaboration gives rise to a reasonable apprehension of bias — Whether Court of Appeal’s failure to address or remedy reasonable apprehension of bias denied right to a fair and impartial appellate tribunal?
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 trial proceedings, Ashcroft J. of the Court of King’s Bench of Alberta granted an adjournment and made scheduling directions. In the same proceedings, Devlin J. ordered Azmin Habib and Shahin Habib to serve affidavits by a set date, to pay a penalty, and to pay proceeds of sales into court. Azmin and Shahin Habib applied for a stay of Devlin J.’s order pending an appeal, and for an extension of time to apply for leave to appeal and for leave to appeal from Ashcroft J.’s order. A judge of the Court of Appeal dismissed the applications, awarded costs, and denied leave to appeal to a panel of the Court of Appeal.
Lower court rulings
Court of King’s Bench of Alberta
2301-15488
Order to serve affidavits, to pay penalty and to pay proceeds of sales into court
Applications to stay order of Devlin J., for extension of time to apply for leave to appeal Ashford J.’s order and for leave to appeal Ashford J.’s order dismissed
Costs awarded of $5000 to be paid forthwith
Application for leave to appeal to a panel of Court of Appeal dismissed and costs awarded of $5000 to be paid forthwith
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