CONDOMINIUM CORPORATION NO 022 6956 v MERCIER, 2023 ABKB 125
APPLICATIONS JUDGE SUMMERS
3.14: Originating application evidence (other than judicial review)
6.11: Evidence at application hearings
The current Action was commenced by Originating Application (the “Current Action”). The Respondent to the Originating Application (the “Cross Applicant”) initiated a Cross Application which among other things, sought to use evidence from two related prior Actions (the “Prior Actions”) in the Current Action, relying on Rule 3.14(f) and Rule 6.11(1)(f).
The Court found that there was no valid reason for it to not consider evidence and Pleadings from the Prior Actions in the Current Action because (1) the Respondent to the cross Application was fully involved and was intimately familiar with the evidence and Pleadings in the Prior Actions and their relevancy to the issues in the Current Action, and (2) the Cross Applicant could not claim surprise because the Cross Applicant provided notice of its intent to rely upon the Pleadings and evidence from the Prior Actions.
The Court thereby granted an Order allowing the evidence and Pleadings from the Prior Actions to be considered in the Originating Application.View CanLII Details