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25670

Her Majesty the Queen v. Al Klippert Ltd.

(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)
1998-10-14 Payment out cheque issued, #2201-07835291 in the amount of $520.11 dated Aug. 10/98 payable to City of Calgary
1998-07-20 Approved order for payment out, sent to finance today
1998-07-09 Appeal closed
1998-07-08 Record returned to the Registrar of the Court of Appeal, Trial court record 1 box (joint with C/A record) Appeal court record 1 box (joint with Trial record)
1998-05-12 Copy of formal judgment being prepared, all parties
1998-05-08 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary)
1998-04-30 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ba, The appeal is allowed and the judgment of the Court of Appeal is set aside. The conviction entered by Chrumka J. of the Court of Queen's Bench and the sentence imposed by the Provincial Court (Criminal Div.) are affirmed, the whole with costs.
Allowed, with costs
1998-04-30 Notice of deposit of judgment sent to all parties, all parties
1998-02-16 General proceeding, transcripts received and distributed to the judges (50 pages)
1998-01-29 General proceeding, 8 copies of Regina v. Wicks (given in Court by the appellant) Her Majesty the Queen
1998-01-29 Hearing of the appeal, 1998-01-29, CJ L'HD G Co McL Ia Ba
Decision reserved
1998-01-23 Notice of appearance, (Brian A. Crane, Q.C., A.A. Abougoush, Q.C. and J. H. Gescher) Her Majesty the Queen
1998-01-22 Notice of appearance, (Gary Courtney) (fax copy) Al Klippert Ltd.
1998-01-16 Book of authorities, 12 copies, with service, Completed on: 1998-01-16 Al Klippert Ltd.
1998-01-16 Respondent's factum, 24 copies (see order dated Dec. 8, 1997), with service, Completed on: 1998-01-16 Al Klippert Ltd.
1998-01-12 Notice of hearing Her Majesty the Queen
1997-12-15 Order on motion to extend time, to file their factum
1997-12-11 Appeal hearing scheduled, 1998-01-29
Decision reserved
1997-12-08 Decision on motion to extend time, to file their factum to Jan. 19/98, Reg
Granted, no order as to costs
1997-12-08 Hearing of motion to extend time, 1997-12-08, to file their factum to Jan. 19/98, Reg
1997-12-08 Submission of motion to extend time, 1997-12-08, to file their factum to Jan. 19/98, Reg
1997-12-04 Response to motion to extend time, to file the respondent's factum to Jan. 19/98, Completed on: 1997-12-04 Her Majesty the Queen
1997-12-01 $50.00 filing fee for notice of motion, receipt no. 28194 Al Klippert Ltd.
1997-12-01 Affidavit, to file the respondent's response to Jan. 31, 1998 (Gary Courtney) - book form, with service Al Klippert Ltd.
1997-12-01 Motion to extend time, to file the respondent's factum to Jan. 31, 1998 (5 copies) - book form, with service, Completed on: 1997-12-01 Al Klippert Ltd.
1997-11-25 Book of authorities, 11 copies, Completed on: 1997-11-25 Her Majesty the Queen
1997-11-24 Appeal perfected for hearing, Session beginning on 1998-01-19
1997-11-18 Order on motion to extend time, to file their Case on Appeal and their factum
1997-11-18 Decision on motion to extend time, to file their case on appeal to Sept. 5/97 and their factum to Oct. 30/97, Reg
Granted, no order as to costs
1997-11-18 Hearing of motion to extend time, 1997-11-18, to file their case on appeal to Sept. 5/97 and their factum to Oct. 30/97, Reg
1997-11-18 Submission of motion to extend time, 1997-11-18, to file their case on appeal to Sept. 5/97 and their factum to Oct. 30/97, Reg
1997-11-10 General proceeding, 5 copies of respondent's response on motion to extend the time (book form), with service Al Klippert Ltd.
1997-11-03 Affidavit, to serve and file the Case on Appeal to Sept. 5 and the factum to Oct. 30\97; Eduard J. Van Bemmel, with service Her Majesty the Queen
1997-11-03 $50.00 filing fee for notice of motion, receipt #28053 Her Majesty the Queen
1997-11-03 Motion to extend time, to serve and file the Case on Appeal to Sept. 5 and the factum to Oct. 30\97, with service, Completed on: 1997-11-03 Her Majesty the Queen
1997-10-30 Appellant's factum, 24 copies (extension of time requested), with service, Completed on: 1997-10-30 Her Majesty the Queen
1997-09-24 Appeal court record, 1 box (joint with Trial record)
1997-09-24 Trial court record, 1 box (joint with C/A record)
1997-09-24 Certified casebook Her Majesty the Queen
1997-09-05 Case on appeal, 23 copies (extension of time requested) Her Majesty the Queen
1997-07-23 Notice of deposit of security, (1 copy), with service
1997-07-22 $500 security deposit paid, receipt no. 2422 Her Majesty the Queen
1997-05-02 Correspondence (sent by the Court) to, sent to Attorney General of Alberta (Calgary, AB) enclosing copy of Rule 32
1997-05-02 Correspondence (sent by the Court) to, sent to Courtney Sebree (Calgary, AB) enclosing copy of Rule 32
1997-04-30 Notice of appeal, (1 copy), with service, Completed on: 1997-04-30 Her Majesty the Queen
1997-04-30 Order granting leave to appeal
1997-04-24 Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is granted.
Granted, no order as to costs
1997-04-24 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1997-04-24 Notice of deposit of judgment issued to all parties, Lang, Michener
1997-03-07 All materials on application for leave submitted to the Judges, CJ Co McL
1997-01-28 General proceeding, 5 copies of formal order of C.A. (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) Her Majesty the Queen
1997-01-22 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-01-22 Her Majesty the Queen
1997-01-16 Book of authorities, 5 copies, Completed on: 1997-01-16 Al Klippert Ltd.
1997-01-16 Respondent's response on the application for leave to appeal, 5 copies (see order of Jan. 2/97), with service, Completed on: 1997-01-16 Al Klippert Ltd.
1997-01-02 Order on motion to extend time, to file the Response to the Application for Leave to Appeal to January 17, 1997.
1997-01-02 Decision on motion to extend time, to file the response to Jan. 17/97, DeRg
Granted, no order as to costs
1997-01-02 Hearing of motion to extend time, 1997-01-02, to file the response to Jan. 17/97, DeRg
1997-01-02 Submission of motion to extend time, 1997-01-02, to file the response to Jan. 17/97, DeRg
1996-12-31 Response to motion to extend time, to file the respondent's response to Jan. 17/97, Completed on: 1996-12-31 Her Majesty the Queen
1996-12-31 Affidavit, to file the response to Jan. 17/97; Gary Courtney, with service Al Klippert Ltd.
1996-12-31 $50.00 filing fee for a notice of motion, receipt #33290 Al Klippert Ltd.
1996-12-31 Motion to extend time, to file the response to Jan. 17/97, with service, Completed on: 1996-12-31 Al Klippert Ltd.
1996-12-13 Correspondence received from, sent to Courtney Sebree, (Calgary, Alta) a copy of the letter dated December 13, 1996 sent to the applicant.
1996-12-13 Correspondence received from, sent to Blake, Cassels & Graydon, (Ottawa, ON) to acknowledge receipt of documents commencing a proceeding.
1996-11-29 Correspondence received from, from Gowlings; re: similar as R. v. Consolidated Mayburn Mines 25326 Her Majesty the Queen
1996-11-29 $50.00 filing fee, receipt #33127 Her Majesty the Queen
1996-11-29 Application for leave to appeal, 5 copies (missing C.A. Order), with service, Completed on: 1997-01-28 Her Majesty the Queen

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
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Al Klippert Ltd. Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
John H. Gescher
Contact information
City of Calgary
City Solicitor's Office
PO Box 2100 Stn. M
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2441
FAX: (403) 326-8463
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Al Klippert Ltd.

Counsel
Name
Gary C. Courtney
Contact information
Courtney, Sebree
1138 Kensington Rd NW
Calgary, Alberta
T2N 3P3
Telephone: (403) 571-5120
FAX: (403) 357-1513
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Summary

Keywords

None.

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.

None.

Lower court rulings

November 4, 1993
Court of Queen’s Bench of Alberta

x

Appeal allowed and conviction entered

October 7, 1996
Court of Appeal of Alberta (Calgary)

14679

Appeal allowed and acquittal restored

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: 2025-05-13