Case information
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41984
Sonika Patel, et al. v. ATB Financial
(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) |
|---|---|---|
| 2026-04-10 |
Bill of costs, UNDER REVIEW Missing: Proof of service - rec'd 2026-04-15, Incomplete |
ATB Financial |
| 2026-04-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-04-02 | Judgment on leave sent to the parties | |
| 2026-04-02 |
Judgment of the Court on the application for leave to appeal, The miscellaneous motions are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2301-0281AC, 2025 ABCA 224, dated June 20, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-04-02 |
Decision on the miscellaneous motion, See judgment on application. Dismissed |
|
| 2026-03-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-03-02 | Submission of miscellaneous motion, Ka Kas Mor | |
| 2026-02-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2026-02-13) | Sonika Patel |
| 2025-12-01 |
Certificate (on limitations to public access), (Letter Form), 23A Missing Proof of Service (rec'd 2025-12-03) |
Sonika Patel |
| 2025-12-01 |
Reply to miscellaneous motion, (Letter Form), Missing Proof of Service (Rec'd 2025-12-04) Amended version rec'd 2025-12-03, Completed on: 2025-12-04, (Printed version due on 2025-12-08) |
Sonika Patel |
| 2025-11-26 |
Certificate (on limitations to public access), (Letter Form), 23B Missing Proof of Service (Rec'd 2025-11-27), (Printed version filed on 2025-11-27) |
ATB Financial |
| 2025-11-26 |
Certificate (on limitations to public access), (Letter Form), 23A Missing Proof of Service (Rec'd 2025-11-27), (Printed version filed on 2025-11-27) |
ATB Financial |
| 2025-11-26 |
Response to miscellaneous motion, (Letter Form), Missing Proof of Service (Rec'd 2025-11-27), Completed on: 2025-11-27, (Printed version filed on 2025-11-27) |
ATB Financial |
| 2025-11-14 |
Notice of miscellaneous motion, (Book Form), Missing Proof of Service (Respondent confirms service on 2025-11-18- by email), Completed on: 2025-11-27 |
Sonika Patel |
| 2025-11-10 | Certificate (on limitations to public access), (Letter Form), 23A | Sonika Patel |
| 2025-11-10 |
Applicant's reply to respondent's argument, (Book Form), "SurReply" Missing Motion to file a "Sur-Reply" (Rec'd 2025-11-14) Proof of Service (Rec'd 2025-11-18), Completed on: 2025-11-18 |
Sonika Patel |
| 2025-10-23 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2025-10-30) | Sonika Patel |
| 2025-10-23 |
Applicant's reply to respondent's argument, (Book Form), Missing: -Proof of service (Received 2025-10-24), Completed on: 2025-10-24, (Printed version due on 2025-10-30) |
Sonika Patel |
| 2025-10-14 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2025-10-21) | ATB Financial |
| 2025-10-14 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2025-10-21) | ATB Financial |
| 2025-10-14 | Notice of name, (Letter Form), (Printed version filed on 2025-10-21) | ATB Financial |
| 2025-10-14 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service (Rec'd October 20, 2025), Completed on: 2025-10-20, (Printed version filed on 2025-10-21) |
ATB Financial |
| 2025-09-22 |
Certificate (on limitations to public access), (Letter Form), Missing Signature (Rec'd 2025-09-23) Proof of service (Rec'd 2025-09-23) |
Sonika Patel |
| 2025-09-18 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-09-12 |
Application for leave to appeal, (Book Form), Missing Amended Notice with signature (Rec'd 2025-09-22) Public Access to Information Form (Rec'd 2025-09-22), Completed on: 2025-09-22 |
Sonika Patel |
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 |
|---|---|---|
| Patel, Sonika | Applicant | Active |
| Patel, Hardik | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| ATB Financial | Respondent | Active |
Counsel
Party: Patel, Sonika
This party is not represented by counsel.
Party: Patel, Hardik
This party is not represented by counsel.
Party: ATB Financial
Counsel
Victoria C. Lee
Living Palace West, Suite 1000
250 2 Street SW
Calgary, Alberta
T2P 0C1
Telephone: (403) 698-8724
FAX: (403) 213-4479
Email: jordan.deering@dlapiper.com
Summary
Keywords
Civil procedure — Appeals — Time to appeal — Extension of time — Court of Appeal dismissing application to extend time to appeal partial summary judgment decision in respondent’s favour, as applicants failed to provide explanation for long delay and to demonstrate that allowing appeal would serve interests of justice — Court of Appeal dismissing application to appeal a decision of a single judge to a panel of judges — Whether the Court of Appeal erred in dismissing the application to appeal to a panel of judges.
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.
The Court of King’s Bench granted partial summary judgment against Sonika and Hardik Patel based on unjust enrichment on September 1, 2023, and a related order was made on October 25, 2023. A single judge of the Court of Appeal dismissed the Patels’ application for an extension of time to file an appeal, holding that they were out of time and had not persuaded her that it would be in the interests of justice to extend the time to appeal. The judge subsequently dismissed the Patels’ application to appeal a decision of a single judge to a panel of the Court of Appeal, concluding that the Patels had not demonstrated the requisite criteria.
Lower court rulings
Partial summary judgment against the applicants granted
Application for an extension of time to appeal dismissed
Application for permission to appeal to a panel of the court 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