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ALBERTA LAW REPORTS Sixth Series Reports of Selected Cases from the Courts of Alberta and Appeals ALBERTA LAW REPORTS Sixth Series Reports of Selected Cases from the Courts of Alberta and Appeals VOLUME 40 (Cited 40 Alta. L.R. (6th)) SELECTION EDITOR Walter J. Watson, B.A., LL.B. ASSOCIATE EDITORS E. Mirth, Q.C. E.H. Molstad, Q.C. A.D. Nielsen, B.A., LL.B., Q.C. EDITORIAL STAFF Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Audrey Wineberg, B.A.(HONS.), LL.B. Product Development Manager Nicole Ross, B.A., LL.B. Julia Fischer, B.A.(HONS.), LL.B. Supervisor, Legal Writing Supervisor, Legal Writing Peter Bondy, B.A.(HONS.), LL.B. Susan Koster, B.A.(HONS.), LL.B. Lead Legal Writer Lead Legal Writer Donna Dickson Senior Content Editor ALBERTA LAW REPORTS is published 18 times per year. Subscription Alberta Law Reports est publi´e 18 fois par ann´ee. L’abonnement est de rate $487.00 per bound volume including parts. 487 $ par volume reli´e incluant les fascicules. Editorial Offices are also located at the following address: 430 rue St. Pierre, Le bureau de la r´edaction est situ´e a` Montr´eal — 430, rue St. Pierre, Mon- Montr´eal, Qu´ebec, H2Y 2M5. tr´eal, Qu´ebec, H2Y 2M5. ________ ________ © 2016 Thomson Reuters Canada Limited © 2016 Thomson Reuters Canada Limit´ee NOTICE AND DISCLAIMER: All rights reserved. No part of this publica- MISE EN GARDE ET AVIS D’EXONERATION´ DE RESPON- tion may be reproduced, stored in a retrieval system, or transmitted, in any SABILITE´ : Tous droits r´eserv´es. Il est interdit de reproduire, m´emoriser sur form or by any means, electronic, mechanical, photocopying, recording or un syst`eme d’extraction de donn´ees ou de transmettre, sous quelque forme ou otherwise, without the prior written consent of the publisher (Thomson par quelque moyen que ce soit, electronique´ ou m´ecanique, photocopie, enre- Reuters Canada, a division of Thomson Reuters Canada Limited). gistrement ou autre, tout ou partie de la pr´esente publication, a` moins d’en avoir pr´ealablement obtenu l’autorisation ecrite´ de l’´editeur, Thomson A licence, however, is hereby given by the publisher: Reuters Canada, une division de Thomson Reuters Canada Limit´ee. Cependant, l’´editeur conc`ede, par le pr´esent document, une licence : (a) to a lawyer to make a copy of any part of this publication to give to a a) a` un avocat, pour reproduire quelque partie de cette publication pour judge or other presiding officer or to other parties in making legal submis- remettre a` un juge ou un autre officier-pr´esident ou aux autres parties dans sions in judicial proceedings; une instance judiciaire; b) a` un juge ou un autre officier-pr´esident, pour produire quelque partie de (b) to a judge or other presiding officer to produce any part of this publication cette publication dans une instance judiciaire; ou in judicial proceedings; or c) a` quiconque, pour reproduire quelque partie de cette publication dans le cadre de d´elib´erations parlementaires. (c) to anyone to reproduce any part of this publication for the purposes of parliamentary proceedings. « Instance judiciaire » comprend une instance devant une cour, un tribunal ou une personne ayant l’autorit´e de d´ecider sur toute chose affectant les droits ou les responsabiliti´es d’une personne. “Judicial proceedings” include proceedings before any court, tribunal or per- son having authority to decide any matter affecting a person’s legal rights or Ni Thomson Reuters Canada ni aucune des autres personnes ayant particip´e a` liabilities. la r´ealisation et a` la distribution de la pr´esente publication ne fournissent quelque garantie que ce soit relativement a` l’exactitude ou au caract`ere actuel Thomson Reuters Canada and all persons involved in the preparation and sale de celle-ci. 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Les analyses The analysis contained herein should in no way be construed as being either comprises dans les pr´esentes ne doivent etreˆ interpr´et´ees d’aucune fa¸con official or unofficial policy of any governmental body. comme etant´ des politiques officielles ou non officielles de quelque organ- isme gouvernemental que ce soit. 8 The paper used in this publication meets the minimum requirements of 8 Le papier utilis´e dans cette publication satisfait aux exigences minimales American National Standard for Information Sciences — Permanence of Pa- de l’American National Standard for Information Sciences — Permanence of per for Printed Library Materials, ANSI Z39.48-1984. Paper for Printed Library Materials, ANSI Z39.48-1984. ISSN 0703-3117 ISBN 978-0-7798-5743-2 Printed in Canada by Thomson Reuters THOMSON REUTERS CANADA, A DIVISION OF THOMSON REUTERS CANADA LIMITED One Corporate Plaza Customer Relations 2075 Kennedy Road Toronto 1-416-609-3800 Toronto, Ontario Elsewhere in Canada/U.S. 1-800-387-5164 M1T 3V4 Fax 1-416-298-5082 www.carswell.com Contact www.carswell.com/email ALBERTA LAW REPORTS Sixth Series Reports of Selected Cases from the Courts of Alberta and Appeals [Indexed as: Lakhoo v. Lakhoo] Shamim Lakhoo, Appellant (Plaintiff) and Rahim Lakhoo, Respondent (Defendant) Alberta Court of Appeal Docket: Calgary 1501-0313-AC 2016 ABCA 200 Catherine Fraser C.J.A., Peter Martin, Jack Watson JJ.A. Heard: June 17, 2016 Judgment: June 29, 2016 Civil practice and procedure –––– Pre-trial procedures — Case manage- ment and status hearing — Case management — Appeals –––– Plaintiff al- leged that, in family litigation, case management judge became frustrated and engaged unfairly with counsel during course of submissions — Exchange re- lated to proposed amendment of pleadings and earlier, advance costs order that case management judge made in favour of plaintiff — Plaintiff appealed, and allegation of reasonable apprehension of bias was raised — Appeal dismissed; there was no basis for finding of reasonable apprehension of bias — Remarks of case management judge, which counsel took to be minatory, on this record had no effect on counsel, whose energy and bluntness to case management judge was unabated — Case management judge appeared to have felt that counsel was not cooperating in judge’s efforts to regulate proceedings — If counsel felt that case management judge’s conduct reached point of disqualification, he should have sought recusal as soon as he reached that conclusion — It was part of duty of case management judge to seek to develop more of “tail wind” in this litiga- tion, which seemed to judge to have become bogged down by process hurdles — Significant part of behaviour said to evidence reasonable apprehension of bias actually related to separate order of case management judge in related matter; there was no appeal of that order. Family law –––– Division of family property — Practice and procedure — General principles –––– In course of family litigation, case management judge made ruling with respect to amendment of pleadings — Plaintiff was dismissive 2 ALBERTA LAW REPORTS 40 Alta. L.R. (6th) of defendant’s proposal that defendant should be allowed to argue either limita- tions statute or laches — Plaintiff asserted that defendant’s claim that pre-nup- tial agreement was invalid for several reasons could not include “amorphous” doctrine of laches — Plaintiff contended that laches and limitations statute could not apply because her claim against defendant was under Matrimonial Property Act and her allegations of unconscionability, duress or undue influence arose only as ’defence’ to defendant’s invoking of pre-nuptial agreement in answer to her claim — Plaintiff appealed — Appeal dismissed — Context of deference to discretion of case management judge to allow amendments to pleadings should not be overlooked — Case management judge did not err in concluding that amendment was not hopeless and letting it go forward — Judge did not suggest that ultimate decision on merits of limitations or laches should end up one way or other. Family law –––– Costs — In family law proceedings generally — Costs of particular proceedings — Miscellaneous –––– In family litigation, case man- agement judge made
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