Case information
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37109
Valentin Pintea v. Dale Johns, 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) |
|---|---|---|
| 2017-04-28 | Transcript received, 101 pages | |
| 2017-04-27 | Appeal closed | |
| 2017-04-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-04-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-04-18 | Respondent's condensed book, (Book Form), Submitted in Court | Dale Johns |
| 2017-04-18 | Appellant's condensed book, (Book Form), Submitted in Court | Valentin Pintea |
| 2017-04-18 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0047-AC, 2016 ABCA 99, dated May 2, 2016, was heard on April 18, 2017 and the Court on that day delivered the following judgment orally: KARAKATSANIS J. — The common law of civil contempt requires that the respondents prove beyond a reasonable doubt that Mr. Pintea had actual knowledge of the Orders for the case management meetings he failed to attend. The case management judge failed to consider whether Mr. Pintea had actual knowledge of two of the three Orders upon which she based her decision. The respondents concede that the requirements of Rule 10.52(3)(a)(iii) of the Alberta Rules of Court, Alta. Reg. 124/2010, were not met with respect to these two Orders. As a result, the finding of contempt cannot stand. We would add that we endorse the Statement of Principles on Self-represented Litigants and Accused Persons (2006) established by the Canadian Judicial Council. The appeal is allowed, the action is restored and the costs award vacated. Allowed |
|
| 2017-04-18 |
Hearing of the appeal, 2017-04-18, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment rendered |
|
| 2017-04-12 | Order on motion to strike out, (by JUSTICE GASCON) | |
| 2017-04-12 |
Decision on motion to strike out, Ga, UPON APPLICATION by the respondents for an order: 1. Striking paragraphs 2, 8, 13(b), 22, 50, 53, and 85(c) of the appellant’s factum; or 2. In the alternative, pursuant to s. 62(3) of the Supreme Court of Act, R.S.C. 1985, c. S-26, an order granting leave to adduce the following evidence into the record as evidence in this appeal: a. the Affidavit, with exhibits, of Michelle Vanden Bos sworn October 20, 2015; b. the Affidavit, with exhibits, of Gail O’Brien sworn September 2, 2015; c. the September 16, 2015 email of Sia Stanwell, Judicial Assistant, Court of Queen’s Bench; and d. the September 15, 2015 email of Darlene Walker, Assistant to Mme. Justice C. L. Kenny (all of which are appended to the affidavit of Kate Kozowyk sworn March 13, 2017). AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to strike is referred to the panel of the Court hearing the appeal set for April 18, 2017, and may be argued at the commencement of the hearing. If so argued, the time required for the argument of the motion will be deducted from the time allotted to the appellant and respondents for the presentation of their submissions on the appeal. Referred |
|
| 2017-04-12 | Submission of motion to strike out, Ga | |
| 2017-04-11 | Reply to motion to strike out, (Book Form), Completed on: 2017-04-11 | Dale Johns |
| 2017-04-07 | Response to motion to strike out, (Book Form), Completed on: 2017-04-07 | Valentin Pintea |
| 2017-04-06 | Intervener's book of authorities, (Book Form), Completed on: 2017-04-06 | Pro Bono Ontario |
| 2017-04-06 | Intervener's factum, (Book Form), Completed on: 2017-04-06 | Pro Bono Ontario |
| 2017-04-06 | Intervener's factum, (Book Form), Completed on: 2017-04-06 | National Self-Represented Litigants Project |
| 2017-04-04 | Notice of appearance, Duncan C. Boswell and Alyssa J. Duke will be present at the hearing. Mr. Boswell will present oral arguments. | Dale Johns |
| 2017-04-04 | Correspondence received from, 5 reserved seats requested. | National Self-Represented Litigants Project |
| 2017-04-04 | Notice of appearance, Ranjan Agarwal and Ilan Ishai will be present at the hearing. Mr. Ishai will present oral arguments. | National Self-Represented Litigants Project |
| 2017-04-04 | Notice of appearance, Colin Feasby, Sean Sutherland and Adam LaRoche will be present at the hearing. Mr. Feasby will present oral arguments. | Valentin Pintea |
| 2017-04-04 | Notice of appearance, Andrew Bernstein, Jeremy Opolsky and Leora Jackson will be present at the hearing. Mr. Bernstein will present oral arguments. | Pro Bono Ontario |
| 2017-04-04 | Appeal perfected for hearing | |
| 2017-03-31 | Certificate of counsel (attesting to record), (Letter Form) | Dale Johns |
| 2017-03-31 | Respondent's book of authorities, (Book Form), 2 copies files, Completed on: 2017-03-31 | Dale Johns |
| 2017-03-31 | Respondent's record, (Book Form), (2 volumes), 2 copies filed, Completed on: 2017-03-31 | Dale Johns |
| 2017-03-31 | Respondent's factum, (Book Form), Completed on: 2017-03-31 | Dale Johns |
| 2017-03-31 | Motion to strike out, (Book Form), Portions of the Appellant's factum (In the alternative, to adduce new evidence)., Completed on: 2017-03-31 | Dale Johns |
| 2017-03-09 | Order on motion for leave to intervene, by MR. JUSTICE WAGNER | |
| 2017-03-09 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by Pro Bono Ontario and Access Pro Bono Society of British Columbia (jointly) and the National Self-Represented Litigants Project for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said two (2) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before April 6, 2017. The said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners are not entitled to raise new issues or to adduce further evidence or to otherwise supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Granted |
|
| 2017-03-09 | Submission of motion for leave to intervene, Wa | |
| 2017-03-06 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-06 | Dale Johns |
| 2017-03-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-03 | Valentin Pintea |
| 2017-02-28 | Notice of name | National Self-Represented Litigants Project |
| 2017-02-27 | Notice of name | Pro Bono Ontario |
| 2017-02-27 | Motion for leave to intervene, (Book Form), (jointly with Access Pro Bono Society of British Columbia) , Completed on: 2017-02-27 | Pro Bono Ontario |
| 2017-02-24 | Motion for leave to intervene, (Book Form), Completed on: 2017-02-24, (Printed version filed on 2017-02-27) | National Self-Represented Litigants Project |
| 2017-02-22 | Notice of hearing sent to parties | |
| 2017-02-21 |
Appeal hearing scheduled, 2017-04-18, (previously scheduled for April 25, 2017) Judgment rendered |
|
| 2017-02-10 | Certificate of counsel (attesting to record) | Valentin Pintea |
| 2017-02-10 | Appellant's book of authorities, (Book Form), Completed on: 2017-02-10 | Valentin Pintea |
| 2017-02-10 | Appellant's record, (Book Form), Completed on: 2017-02-10 | Valentin Pintea |
| 2017-02-10 | Appellant's factum, (Book Form), Completed on: 2017-02-10 | Valentin Pintea |
| 2016-12-06 | Notice of change of counsel, Gowling WLG (Canada) LLP is replacing Don G. Detomasi from Scott Venturo LLP | Dale Johns |
| 2016-11-28 | Notice of appeal, (Letter Form), Completed on: 2016-11-28, (Electronic version filed on 2016-11-28) | Valentin Pintea |
| 2016-11-02 |
Order by, the Chief Justice , CJ, IT IS HEREBY ORDERED THAT: 1.Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 27, 2017. 2.The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before March 6, 2017. 3.Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 8, 2017. 4.Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 7, 2017. Granted |
|
| 2016-11-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-10-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-10-28 | Judgment on leave sent to the parties | |
| 2016-10-27 |
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 1501-0047-AC, 2016 ABCA 99, dated May 2, 2016, is granted with costs to be decided by the panel hearing the appeal. Granted, with costs |
|
| 2016-09-26 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-09-09 | Applicant's reply to respondent's argument, Completed on: 2016-09-09 | Valentin Pintea |
| 2016-08-30 | Certificate (on limitations to public access) | Dale Johns |
| 2016-08-30 | Respondent's response on the application for leave to appeal, Completed on: 2016-08-30 | Dale Johns |
| 2016-08-15 | Correspondence received from, Return of the C/A order form | Valentin Pintea |
| 2016-08-02 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2016-08-02 | |
| 2016-07-29 | Certificate (if inappropriate for a judge to take part in adjudication) | Valentin Pintea |
| 2016-07-29 | Certificate (on limitations to public access) | Valentin Pintea |
| 2016-07-29 | Book of authorities | Valentin Pintea |
| 2016-07-29 | Application for leave to appeal, C/A order missing, Completed on: 2016-10-12 | Valentin Pintea |
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 |
|---|---|---|
| Pintea, Valentin | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Johns, Dale | Respondent | Active |
| Johns, Dylan | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| National Self-Represented Litigants Project | Intervener | Active |
| Pro Bono Ontario | Intervener | Active |
| Access Pro Bono | Intervener | Active |
Counsel
Party: Pintea, Valentin
Counsel
Sean Sutherland
Adam LaRoche
Suite 2500 - TransCanada Tower
450 - 1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (450) 260-7067
FAX: (403) 260-7024
Email: cfeasby@osler.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com
Party: Johns, Dale
Counsel
Alyssa Duke
Duncan C. Boswell
1600 - 421 7th Avenue S.W.
Calgary, Alberta
T2P 4K9
Telephone: (403) 298-1014
FAX: (403) 263-9193
Email: brian.kapusianyk@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Johns, Dylan
Counsel
Alyssa Duke
Duncan C. Boswell
1600 - 421 7th Avenue S.W.
Calgary, Alberta
T2P 4K9
Telephone: (403) 298-1014
FAX: (403) 263-9193
Email: brian.kapusianyk@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: National Self-Represented Litigants Project
Counsel
Ilan Ishai
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M4X 1A4
Telephone: (416) 777-6503
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Agent
World Exchange Plaza
1900 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2307
FAX: (613) 683-2323
Email: ryanbellr@bennettjones.com
Party: Pro Bono Ontario
Counsel
Jeremy Opolsky
Leora Jackson
79 Wellington St. West
Suite 3000, Box 270, TD South Tower
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7678
FAX: (416) 865-7380
Email: abernstein@torys.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com
Party: Access Pro Bono
Counsel
Jeremy Opolsky
Leora Jackson
79 Wellington St. West
Suite 3000, Box 270, TD South Tower
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7678
FAX: (416) 865-7380
Email: abernstein@torys.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com
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.
Civil procedure - Contempt of court - Case management - Appellate review - Is the current law of civil contempt applicable to self-represented litigants - If the current law of civil contempt is applicable to self-represented litigants, is the Court obliged to strictly follow the law of civil contempt to ensure that self-represented litigants obtain the benefits of all substantive and procedural protections - What degree of assistance should courts give to vulnerable self-represented litigants in making sure that their substantive legal rights are protected - How should courts interpret and apply court rules and procedures to vulnerable self-represented litigants.
The appellant commenced an action against the respondents with respect to a car accident in 2005. Although he was initially represented by counsel, he became a self-represented litigant. When the appellant insisted that the matter be set down for trial, the case management judge directed him to produce his witness list and to comply with other procedural requirements, which he failed to do. The appellant moved to a new neighbourhood but did not file a change of address with the court as required by the Rules of Court. He therefore did not receive subsequent notices sent to him about meetings and applications and did not attend court as required. When the appellant did not appear at a case management meeting on January 21, 2015, the case management judge directed that the appellant be serviced with a notice advising that if he did not appear a week later, he would be found in contempt and the action would be struck. The appellant did not receive notice of the meeting prior to the date set and did not attend.
The Alberta Court of Queen’s Bench struck out the appellant’s statement of claim for failure to comply with the terms of case management orders and failure to attend at case management meetings. The appellate court dismissed the appellant’s appeal, with Martin J.A. dissenting.
Lower court rulings
Court of Queen’s Bench of Alberta
0701-12350
Applicant’s statement of claim struck out for failing to comply with the terms of case management orders and failing to attend scheduled meetings
Court of Appeal of Alberta (Calgary)
1501-0047-AC, 2016 ABCA 99
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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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