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.
41174
Fetsum Zewdie v. Frehiwot Thomas Shine
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
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
v.
Counsel
Party: Fetsum Zewdie
Counsel
Calgary, Alberta
T2R 1M1
Telephone: (403) 239-2249
FAX: (403) 648-2849
Email: charles.fair@fairlegal.ca
Party: Frehiwot Thomas Shine
Counsel
634 6th Avenue SW
Suite 810
Calgary, Alberta
T2P 0S4
Telephone: (403) 476-2011 Ext: 105
FAX: (587) 349-1617
Email: mpeydayesh@shimlaw.ca
Summary
Keywords
Family law — Property — Matrimonial home — Whether the Court of Appeal erred in not granting the applicant leave to bring an application seeking the direction of the court regarding the clear failure of the respondent to follow a court order – Whether the respondent’s alleged failure to comply with a court order has had a detrimental impact on the applicant’s economic and financial well-being amounting to a loss of $121,000 — Whether the applicant has endured suffering due to the denial of the courts below.
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 parties were married in 2002 and separated in 2018. They have two children and owned a matrimonial home in Calgary. The parties’ matrimonial property was equalized and any equalization payment owing was offset by child support arrears and costs owing by the applicant. The applicant’s subsequent application for permission to appeal was denied.
Lower court rulings
Court of Queen’s Bench of Alberta
4801-183325
Matrimonial property equalized
Court of Appeal of Alberta (Calgary)
2301-0292AC
Application for permission to appeal denied
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
Not available
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
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-19 | Judgment on leave sent to the parties | |
| 2024-09-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2301-0292AC, dated February 8, 2024, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2024-08-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-14 | Correspondence received from, (Letter Form), Charles Faire has been appointed counsel, (Printed version due on 2024-06-21) | Fetsum Zewdie |
| 2024-04-10 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2024-04-19) | Frehiwot Thomas Shine |
| 2024-04-10 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-19) | Frehiwot Thomas Shine |
| 2024-04-10 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd April 16, 2024), Completed on: 2024-04-16, (Printed version filed on 2024-05-10) |
Frehiwot Thomas Shine |
| 2024-03-28 | Correspondence received from, (Letter Form), (Printed version due on 2024-04-08) | Fetsum Zewdie |
| 2024-03-22 | Letter advising parties of an incomplete application for leave to appeal, FILE OPEN ON MARCH 22, 2024 | |
| 2024-03-04 | Supplemental document, (Book Form), Include transcript, (Printed version due on 2024-03-11) | Fetsum Zewdie |
| 2024-03-04 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-03-11) | Fetsum Zewdie |
| 2024-03-04 |
Application for leave to appeal, (Book Form), Missing: - CA Order (Rec'd March 28, 2024) - Trial court Order and Judgment - Proof of service (Rec'd March 28, 2024) - Filing fee, Completed on: 2024-08-13, (Printed version due on 2024-03-11) |
Fetsum Zewdie |
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 |
|---|---|---|
| Fetsum Zewdie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Frehiwot Thomas Shine | Respondent | Active |
Counsel
Party: Fetsum Zewdie
Counsel
Calgary, Alberta
T2R 1M1
Telephone: (403) 239-2249
FAX: (403) 648-2849
Email: charles.fair@fairlegal.ca
Party: Frehiwot Thomas Shine
Counsel
634 6th Avenue SW
Suite 810
Calgary, Alberta
T2P 0S4
Telephone: (403) 476-2011 Ext: 105
FAX: (587) 349-1617
Email: mpeydayesh@shimlaw.ca
Summary
Keywords
Family law — Property — Matrimonial home — Whether the Court of Appeal erred in not granting the applicant leave to bring an application seeking the direction of the court regarding the clear failure of the respondent to follow a court order – Whether the respondent’s alleged failure to comply with a court order has had a detrimental impact on the applicant’s economic and financial well-being amounting to a loss of $121,000 — Whether the applicant has endured suffering due to the denial of the courts below.
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 parties were married in 2002 and separated in 2018. They have two children and owned a matrimonial home in Calgary. The parties’ matrimonial property was equalized and any equalization payment owing was offset by child support arrears and costs owing by the applicant. The applicant’s subsequent application for permission to appeal was denied.
Lower court rulings
Court of Queen’s Bench of Alberta
4801-183325
Matrimonial property equalized
Court of Appeal of Alberta (Calgary)
2301-0292AC
Application for permission to appeal denied
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
Not available
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
Not available