Case information
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34458
Michael A. Desanti, et al. v. Robert Gray, 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) |
|---|---|---|
| 2014-11-14 | Close file on Leave | |
| 2014-11-13 | Correspondence (sent by the Court) to, Mr. John Desanti by email, re: response to email received November 5, 2014 | |
| 2014-11-05 | Correspondence received, from Mr. John Desanti by email, re: publication ban and case summary | |
| 2012-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-03-30 | Judgment on leave sent to the parties | |
| 2012-03-29 |
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 1001-0292-AC, 2011 ABCA 226, dated July 22, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-02-13 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-01-10 | Correspondence received from, Marie-France Majordated January 6, 2012. Re: Agent has changed law firm | Michael A. Desanti |
| 2011-11-02 | Applicant's reply to respondent's argument, Completed on: 2011-11-02 | Michael A. Desanti |
| 2011-10-24 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-24 | Robert Gray |
| 2011-09-29 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2011-09-28 | Application for leave to appeal, C/A order missing - Rec'd on Sept. 29, 2011, Completed on: 2011-09-29 | Michael A. Desanti |
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 |
|---|---|---|
| Desanti, Michael A. | Applicant | Active |
| Agat Laboratories Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gray, Robert | Respondent | Active |
| Gray, Sharon | Respondent | Active |
Counsel
Party: Desanti, Michael A.
Counsel
Suite 1210, Ford Tower
633 - 6th Avenue S.W.
Calgary, Alberta
T2P 2Y5
Telephone: (403) 237-0025
FAX: (403) 237-0566
Email: mb@ruttanbates.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Agat Laboratories Ltd.
Counsel
Suite 1210, Ford Tower
633 - 6th Avenue S.W.
Calgary, Alberta
T2P 2Y5
Telephone: (403) 237-0025
FAX: (403) 237-0566
Email: mb@ruttanbates.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Gray, Robert
Counsel
203 - 200 Barclay Parade S.W.
Calgary, Alberta
T2P 4R5
Telephone: (403) 231-8212
FAX: (403) 265-4632
Email: d.pick@scottventuro.com
Agent
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Party: Gray, Sharon
Counsel
203 - 200 Barclay Parade S.W.
Calgary, Alberta
T2P 4R5
Telephone: (403) 231-8212
FAX: (403) 265-4632
Email: d.pick@scottventuro.com
Agent
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Summary
Keywords
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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.
Torts – Negligence – Social host liability – Application for summary judgment dismissing the third party notice against the respondents granted - To what extent can and should adult home owners be accountable and liable for underage drinking at house parties – Whether there are issue of public importance raised.
The applicants are Michael Desanti and AGAT Laboratories Ltd. (hereinafter AGAT – the owner of the vehicle). The respondents are Mr. and Mrs. Gray. One evening the respondents’ 17 year old son had a party in his parent’s home in the basement. The Grays stayed home to monitor the party. Alcohol was consumed. Mr. Wenzel was a guest at the party, but Mr. Desanti was not. The guests left the residence and were going home, when a physical altercation between Mr. Wenzel and Mr. Desanti and others occurred. Mr. Desanti, after being struck, got back into his vehicle and either accidently or intentionally hit Mr. Wenzel two times with the vehicle. Mr. Wenzel sued Mr. Desanti and AGAT for injuries sustained after being struck by Mr. Desanti’s vehicle. The applicants issued third party proceedings seeking contribution from Mr. and Mrs. Gray, the respondents, for the injuries to Mr. Wenzel out of this incident under the Tort-Feasors Act, R.S.A. 2000, c. T-5, on the basis that the Grays would also be liable to compensate Mr. Wenzel. The Grays’ application for summary judgment dismissing the third-party notice against them was granted on the basis that there was no genuine issue for trial. An appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
0801-08621
Respondents’ application for summary judgment dismissing the third-party notice against them granted.
Court of Appeal of Alberta (Calgary)
1001-0292-AC, 2011 ABCA 226
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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