Case information
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41263
John Emmons v. Alberta (Worker's Compensation Board)
(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: Emmons, John
This party is not represented by counsel.
Party: Alberta (Worker's Compensation Board)
Counsel
1201, 10088 102 Ave.
Edmonton, Alberta
T5J 4K2
Telephone: (780) 423-3441
FAX: (780) 420-1763
Email: bmurnaghan@cbmllp.com
Summary
Keywords
Civil procedure — Applicant’s action dismissed — Whether the lower courts erred — When does a limitation period commence — Whether summary judgment should have been granted — Whether the applicant is a person under disability under limitations law — Whether there was a reasonable apprehension of bias.<br>
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 sustained a workplace injury on January 14, 2000. The applicant sued the Workers’ Compensation Board (“the Board”) because he was not satisfied with the manner in which the Board corrected its records. The chambers judge granted the Board’s application to strike and to summarily dismiss the applicant’s claim. The Court of Appeal dismissed the applicant’s appeal.
Lower court rulings
Applicant’s action dismissed
Applicant’s 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
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 2301-0031AC, 2024 ABCA 78, dated March 6, 2024, is dismissed. Dismissed |
|
| 2024-08-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-18 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-06-18, (Printed version due on 2024-06-25) | John Emmons |
| 2024-06-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-06-12) | Alberta (Worker's Compensation Board) |
| 2024-06-11 | Notice of name, (Letter Form), (Printed version filed on 2024-06-12) | Alberta (Worker's Compensation Board) |
| 2024-06-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-11, (Printed version filed on 2024-06-12) | Alberta (Worker's Compensation Board) |
| 2024-05-13 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-04-29 |
Application for leave to appeal, (Book Form), Missing: - public access to information form - CA judgment and orders - proof of service (Rec'd 05-27-2024) - Filing fee , Completed on: 2024-08-13 |
John Emmons |
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 |
|---|---|---|
| Emmons, John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alberta (Worker's Compensation Board) | Respondent | Active |
Counsel
Party: Emmons, John
This party is not represented by counsel.
Party: Alberta (Worker's Compensation Board)
Counsel
1201, 10088 102 Ave.
Edmonton, Alberta
T5J 4K2
Telephone: (780) 423-3441
FAX: (780) 420-1763
Email: bmurnaghan@cbmllp.com
Summary
Keywords
Civil procedure — Applicant’s action dismissed — Whether the lower courts erred — When does a limitation period commence — Whether summary judgment should have been granted — Whether the applicant is a person under disability under limitations law — Whether there was a reasonable apprehension of bias.<br>
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 sustained a workplace injury on January 14, 2000. The applicant sued the Workers’ Compensation Board (“the Board”) because he was not satisfied with the manner in which the Board corrected its records. The chambers judge granted the Board’s application to strike and to summarily dismiss the applicant’s claim. The Court of Appeal dismissed the applicant’s appeal.
Lower court rulings
Applicant’s action dismissed
Applicant’s 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
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