Case information
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40624
Chad Dallas McDonald v. Alberta Health Services, 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) |
|---|---|---|
| 2023-09-20 | Close file on Leave | |
| 2023-09-20 | Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation | |
| 2023-09-19 | Certificate of taxation issued to, John Siddons | |
| 2023-09-19 | Decision on the bill of costs, in the amount of $800.00, Reg | |
| 2023-09-19 | Submission of the bill of costs, Reg | |
| 2023-06-06 |
Bill of costs, (Letter Form), Missing: Filing Fee (rec' 08/22/23) Proof of Service (rec' 08/16/23), Completed on: 2023-09-18, (Printed version filed on 2023-06-09) |
Alberta Health Services |
| 2023-05-04 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of execution of the lower court award of costs and the motion to expedite the application for leave to appeal are dismissed without costs. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2203-0221AC, 2023 ABCA 49, dated February 9, 2023 is dismissed with costs. Dismissed, with costs |
|
| 2023-05-04 |
Decision on the miscellaneous motion, See decision on judgement Dismissed, without costs |
|
| 2023-04-04 | Certificate (on limitations to public access), (Letter Form), Form 23A, no proof of service, (Printed version due on 2023-04-13) | His Majesty the King in the Right of Alberta |
| 2023-04-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-03 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2023-04-03 | Submission of motion to expedite the application for leave to appeal, for consideration by the Court | |
| 2023-03-31 | Motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2023-03-31 | Chad Dallas McDonald |
| 2023-03-28 | Notice of name, (Letter Form), (Printed version due on 2023-04-04) | Alberta Health Services |
| 2023-03-28 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2023-04-04) | Alberta Health Services |
| 2023-03-24 | Applicant's reply to respondent's argument, (Letter Form), Reply to both responses, Completed on: 2023-03-28 | Chad Dallas McDonald |
| 2023-03-23 |
Respondent's response on the application for leave to appeal, (Letter Form), MISSING: Proof of service 23A , Completed on: 2023-03-31, (Printed version due on 2023-03-30) |
His Majesty the King in the Right of Alberta |
| 2023-03-23 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2023-03-28, (Printed version due on 2023-03-30) | Alberta Health Services |
| 2023-03-23 |
Respondent's response on the application for leave to appeal, (Letter Form), MISSING: 23A-rec'd 2023/03/28 Notice of Name-rec'd 2023/03/28 Proof of Service-rec'd 2023/03/28 , Completed on: 2023-03-28, (Printed version filed on 2023-04-04) |
Alberta Health Services |
| 2023-03-06 | Motion for a stay of execution, (Book Form), Completed on: 2023-03-06 | Chad Dallas McDonald |
| 2023-03-03 |
Correspondence received from, Court Order Form rec'd. Estimate as to when court order will be filed is unknown. |
Chad Dallas McDonald |
| 2023-02-23 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED: 2023-02-23 | |
| 2023-02-17 | Certificate (on limitations to public access), Public Access to Information Form | Chad Dallas McDonald |
| 2023-02-14 |
Application for leave to appeal, (Book Form), Missing: - TC Order (rec'd 2023-02-23) - CA Order, Completed on: 2023-04-03 |
Chad Dallas McDonald |
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 |
|---|---|---|
| McDonald, Chad Dallas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alberta Health Services | Respondent | Active |
| His Majesty the King in the Right of Alberta | Respondent | Active |
Counsel
Party: McDonald, Chad Dallas
This party is not represented by counsel.
Party: Alberta Health Services
Counsel
Kyle Fowler
Seventh Street Plaza 14th Floor North Tower 10030 107 St NW
Edmonton, Alberta
T5J 3E4
Email: john.siddons@albertahealthservices.ca
Party: His Majesty the King in the Right of Alberta
Counsel
Civil Law, 9th Flr., Peace Hills Trust Twr.
10011 - 109th St.
Edmonton, Alberta
T5J 3S8
Telephone: (780) 638-1308
FAX: (780) 427-1230
Email: frances.chiu@gov.ab.ca
Summary
Keywords
Civil Procedure — Pleadings — Whether order at first instance required or merely permitted defendants to file statements of defence by a certain date — Parties — Substitution — Whether defendant may rely on a previously-filed statement of defence where that document pleads against a plaintiff who is no longer a plaintiff.
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 applicant amended his claim against the respondents to remove the corporation he controls as a plaintiff and substitute himself in his personal capacity. The order that permitted this amendment provided a deadline for the respondents to file amended statements of defence. They did not, and instead applied to strike the applicant’s amended claim. The applicant applied to note the respondents in default.
The application judge dismissed the applicant’s application. The respondents were permitted, but not required, to file amended defences, and in any event entitled to rely upon their original statements of defence.
A single judge of the Court of Appeal dismissed an application for an extension of time to appeal the application judge’s ruling on the basis that the appeal had no reasonable prospect of success, substantially for the reasons of the application judge and for the additional reason that the pending applications to strike the amended claim are an absolute bar to default judgment.
The same judge of the Court of Appeal refused permission to appeal her earlier ruling to a panel of the Court of Appeal for substantially the same reasons.
Lower court rulings
Court of King’s Bench of Alberta
2204-00128
Application to note respondents in default dismissed.
Court of Appeal of Alberta (Edmonton)
2023 ABCA 6, 2203-0221AC
Application for extension of time to appeal order of Simpson J. dismissed.
Court of Appeal of Alberta (Edmonton)
2023 ABCA 49, 2203-0221AC
Application for permission to appeal dismissal of application for extension of time to a full panel of the Court of Appeal dismissed.
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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