One of the most important things to know about an appeal is that there is a timeline that has to be followed in Alberta. If you do not adhere to this, even innocently, you may not be able to file an appeal.
A Calgary man who was convicted of killing a motorcyclist while driving drunk has filed an appeal of his six-year sentence. The man is reportedly arguing that the sentence was too long given the facts of his case, and that the sentence should have more appropriately been in the range of four or five years.
According to court records, a well-known heart surgeon is suing Alberta Heart Services, several physicians and a number of administrators. In his lawsuit, the doctor indicated the group engaged in a conspiracy to limit and then suspend the heart surgeon's operating privileges at the facility.
When businesses in Alberta are involved in a civil litigation, the claims involved generally stem from disputes over contracts or losses suffered due to torts such as negligence or defamation. The term tort is derived from the Latin word "tortus," which means "wrong." Torts are separated into two classes. Intentional torts occur when one party injures another due to a conscious action such as making a statement or performing a physical act. An unintentional tort, such as negligence, occurs when injury results from insufficient care being taken.
The former Chief Financial Officer of Alberta Health Services has reached an agreement with his former employer for being terminated without cause from his executive position. The man was terminated in 2012 after certain expenditures, such as butler services and dinners, were made public. The expenses had been approved at the time by senior staff of the government, but to avoid a black eye with the public, the CFO was terminated.
After losing an appeal, a property owner in northeast Calgary plans to take her lawsuit against an Alberta energy regulator to the Supreme Court. On Sept. 15, the Alberta Court of Appeal upheld a previous ruling by an Alberta Court of Queen's Bench judge who said that the woman could not sue Encana. The initial court ruling last fall found that the company was immune from civil claims.
According to a lawsuit filed against an Alberta-based skydiving company, it failed to provide adequate training, resulting in a British soldier suffering severe injuries. The claim is seeking an award of $150,000. The lawsuit was filed on behalf of the Ministry of Defence of the United Kingdom and may result in civil litigation before the case is resolved.
The Provincial Court of Alberta has announced that the limit for civil claims will increase beginning Aug. 1. Currently set at $25,000, the limit for civil litigation is to double to $50,000. The court has also announced plans to begin implementing dispute resolution systems that will be aimed at resolving civil litigation faster and for less money.
According to a lawsuit filed on behalf of the estate of a teenager killed by a drunk driver, the insurer's denial of a $5,000 loss-of-life benefit has caused $250,000 in damages. The claim was filed against the Alberta Motor Association and states that the claim was denied because the victim had a small amount of marijuana in his system when the fatal accident occurred. Due to the denial of the loss-of-life claim, the case may require civil litigation.
A 52-year-old man with a service animal won an Ontario civil rights case after an employee told him the dog could not stay in a local restaurant. He submitted the civil litigation claim to the Human Rights Tribunal of Ontario who ruled in the plaintiff's favour. Discussing the incident, the plaintiff explained how the employee's treatment of him seemed dated and said that he should not have to fight for his rights just because he is blind.