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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.


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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Patel, Sonika Applicant Active
Patel, Hardik Applicant Active

v.

Main parties - Respondents
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
Names
Jordan R. Deering
Victoria C. Lee
Contact information
DLA Piper (Canada) LLP
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

September 1, 2023
Court of King’s Bench of Alberta

2023 ABKB 503

Partial summary judgment against the applicants granted

March 6, 2025
Court of Appeal of Alberta (Calgary)

2025 ABCA 83

Application for an extension of time to appeal dismissed


June 20, 2025
Court of Appeal of Alberta (Calgary)

2025 ABCA 224

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

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

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

Webcasts

Not available.

Date modified: 2026-04-17