MARTIN v KUBES, 2021 ABQB 479
7.3: Summary Judgment (Application and decision)
9.21: Application for new judgment or order
In 2019, the Respondent obtained a Judgment from the Ontario Superior Court based on the enforcement of a Judgment obtained in 2010 against the Appellant. The Respondent filed a Civil Claim in the Provincial Court of Alberta to enforce the latest Ontario Judgment. Summary Judgment was granted in the Respondent’s favour in the amount of the Ontario Judgment. The Appellant appealed the Order granting Summary Judgment.
Price J. began by setting out Rule 7.3, which provides the test for determining whether Summary Judgment is appropriate as described in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49. Namely, when the process (1) allows the Judge to make the necessary findings of fact; (2) allows the Judge to apply the law to the facts; and (3) is a proportionate, more expeditious, and less expensive means to achieve a just result.
Justice Price stated that the Appellant’s arguments on Appeal were the same as those before the Provincial Court. The Appellant argued that the Respondent’s Action was time-barred by the Limitations Act, RSA 2000, c L-12 because the Provincial Court Action was in relation to a Judgment obtained in 2010.
Justice Price disagreed, stating that the Appellant was confusing the limitation period for commencement of Actions with a party’s ability to enforce a Judgment.
In Ontario, there is no limitation period in respect of a proceeding to enforce an Order or Judgment. In Alberta, pursuant to the Civil Enforcement Act, RSA 2000, c C-15, Judgments expire ten years from the day the Judgment takes effect, unless that Judgment is renewed or an Action is brought on that Judgment. The Appellant therefore argued that, by commencing an Action on the 2010 Judgment in Ontario, the Respondent was avoiding the Alberta limitation period.
Justice Price again disagreed, stating that Judgments in Alberta can be renewed or a new Action can be brought, as long as the renewal or Action is filed within ten years of the date of the Judgment. Further, under Rule 9.21, the Court may grant a Judgment creditor a new Judgment on a former Judgment or any part of a former Judgment that has not been paid.
Justice Price therefore concluded that the Respondent’s Action in Alberta to enforce the Ontario Judgment was brought within time. Justice Price upheld the Decision of the Provincial Court and dismissed the Appeal.View CanLII Details