Case information
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42129
Najeeb Rafic Manah, et al. v. Toronto Dominion Bank
(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) |
|---|---|---|
| 2026-07-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-07-13 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-12-18 | Correspondence received from, (Letter Form), the applicants. Filing letter | Najeeb Rafic Manah |
| 2025-12-18 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: -Provision of law (rec'd 2025-12-30), Completed on: 2026-01-05 |
Najeeb Rafic Manah |
| 2025-12-05 | Letter advising parties of an incomplete application for leave to appeal, File opened | |
| 2025-12-01 | Affidavit, (Letter Form), in support of the application | Najeeb Rafic Manah |
| 2025-12-01 | Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), No conflict | Najeeb Rafic Manah |
| 2025-12-01 | Certificate (on limitations to public access), (Letter Form), Public access to information form | Najeeb Rafic Manah |
| 2025-12-01 |
Application for leave to appeal, (Book Form), Missing: -Amended notice of application (citing the correct provision of law) (rec'd 2025-12-18) -Motion to extend time (rec'd 2025-12-18) -Trial court judgment (No reasons) -Trial court Order (included in the application) -Proof of service on the respondent and retired party (read/delivery or confirmation of service) (rec'd 2025-12-18) -Complete applicant contact information and respondent's information (rec'd 2025-12-18), Completed on: 2025-12-19 |
Najeeb Rafic Manah |
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 |
|---|---|---|
| Manah, Najeeb Rafic | Applicant | Active |
| Manah, Kristin Renee | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Toronto Dominion Bank | Respondent | Active |
Counsel
Party: Manah, Najeeb Rafic
This party is not represented by counsel.
Party: Manah, Kristin Renee
This party is not represented by counsel.
Party: Toronto Dominion Bank
Counsel
Kari Sejr
Suite 2300, 10180 - 101 Street NW
Edmonton, Alberta
T5J 1V3
Telephone: (780) 421-2417
Email: dhughes@bmllp.ca
Summary
Keywords
Civil procedure — Appeals — Moot issue — Technical requirements for validity of court orders — Whether the Court of Appeal erred in dismissing the appeal, particularly in its treatment of the alleged technical requirements for the validity of court orders — Whether a national standard for electronic judicial authentication is required.
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 home of the applicants, Najeeb Rafic Manah and Kristin Renee Manah, was foreclosed upon by the respondent, the Toronto Dominion Bank (“TD”). A judge ordered the sale of the property to TD. The Manahs filed a notice of appeal from the sale order but did not seek a stay. As a result, title to the property was transferred to TD. Their appeal was later struck for failure to comply with service and filing timelines. They then applied for an extension of time to appeal the sale order, but that application was dismissed by the Court of King’s Bench of Alberta. TD subsequently entered into a contract to sell the property to a third-party purchaser. The Manahs appealed the dismissal of their extension application, but approximately one month later the sale of the property closed and title was transferred to the third-party purchaser. TD applied to dismiss the appeal as moot. The Court of Appeal of Alberta agreed and granted the application to dismiss the appeal.
Lower court rulings
Court of King’s Bench of Alberta
2203 07060
Application for an extension of time to appeal the order for sale of property to the respondent dismissed.
Application to dismiss appeal granted.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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