Case information
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34935
Carevest Capital Inc. v. County of Leduc
(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) |
|---|---|---|
| 2012-12-19 | Close file on Leave | |
| 2012-12-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-12-07 | Judgment on leave sent to the parties | |
| 2012-12-06 |
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 (Edmonton), Number 1103-0226-AC, 2012 ABCA 161, dated May 25, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2012-11-13 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2012-09-26 | Applicant's reply to respondent's argument, (Book Form), CD filed, Completed on: 2012-09-26 | Carevest Capital Inc. |
| 2012-09-21 | Respondent's response on the application for leave to appeal, (Book Form), CD filed, Completed on: 2012-09-21 | County of Leduc |
| 2012-08-27 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2012-08-23 | Book of authorities, (Book Form) | Carevest Capital Inc. |
| 2012-08-23 | Application for leave to appeal, (Book Form), form 14 filed seperately- order of the Court of appeal missing, rec'd August 30/12 - CD filed, Completed on: 2012-08-27 | Carevest Capital Inc. |
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 |
|---|---|---|
| Carevest Capital Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| County of Leduc | Respondent | Active |
Counsel
Party: Carevest Capital Inc.
Counsel
Layne N. Thiessen
1000 Canterra Tower
400 Third Ave. S.W.
Calgary, Alberta
T2P 4H2
Telephone: (403) 232-9500
FAX: (403) 266-1395
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: County of Leduc
Counsel
Michael T. Coombs
Commerce Place
2200-10155 102 St. N.W.
Edmonton, Alberta
T5J 4G8
Telephone: (780) 497-4875
FAX: (780) 424-3254
Email: dpeskett@brownleelaw.com
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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.
Trusts ? Commercial law ? Priorities ? Entitlement to funds that were in solicitor’s trust account, but were subsequently paid into court ? Whether, in circumstances where a lawyer issues cheques pursuant to the terms of a trust (whether express, Quistclose, or other form), which requires the immediate payment of a debt, but later countermands those cheques and expresses an intention not to re-issue new cheques to the payee, he can be said to have satisfied the terms of the trust as trustee and his professional obligations as a lawyer.
The issue in this application is the entitlement to funds that were in a solicitor’s trust account, but that were subsequently paid into court. The respondent, County of Leduc claimed them in payment of development levies owed by the land developer, 1262459 Alberta Ltd. The applicant lender, Carevest Capital Inc., which originally advanced the funds to the developer, claimed them under its security agreements or a trust.
The parties appeared before a Master in chambers to argue their respective entitlement to the funds. The Master concluded that the funds be paid out to Carevest. On appeal, a Queen’s Bench judge affirmed the conclusion of the Master in unreported reasons. The Court of Appeal allowed the appeal and declared the County of Leduc to be entitled to receive the disputed funds.
Lower court rulings
Court of Queen’s Bench of Alberta
1003-01050
Carevest Capital Inc. entitled to disputed funds.
Court of Queen’s Bench of Alberta
1003-01050
Appeal dismissed.
Court of Appeal of Alberta (Edmonton)
1103-0226-AC, 2012 ABCA 161
Appeal by County of Leduc allowed; County of Leduc entitled to receive disputed funds.
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.
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