Borgel v Paintearth (Subdivision and Development Appeal Board), 2020 ABCA 321

"...for having a simplified voir dire based on submissions of counsel and not evidence: compare Borgel v Paintearth (County No. 18) SDAB, 2020 ABCA 321 at para 30, 3 Alta LR (7th) 85. All this is obiter here and mentioned only to note that the lack of a formal evidential voir dire might not nec..."

"...application of res judicata. [13]        As pointed out in Borgel v Paintearth (County No 18) SDAB, 2020 ABCA 321 at paras 45- 46, 83 Admin LR (6th) 297, the approach of an appeal or review court respecting the participation of a decision-maker (whose deci..."

"...(Subdivision and Development Appeal Board), 2023 ABCA 98 at paras 52–53; Borgel v Paintearth (Subdivision and Development Appeal Board), 2020 ABCA 321 at para 49; Breen v Foremost Industries Ltd, 2024 ABKB 9 at para 24; Ewashko v Hugo, 2022 ABCA 420 at para 6; H2S Solutions Ltd v Tourmaline..."

"...that deals with these types of exclusions. In Dow Chemical Canada ULC v NOVA Chemicals Corporation, 2018 ABQB 482 ( Dow), rev'd in part, 2020 ABCA 321, Justice Romaine concluded at paragraph 1032 that: …the meaning of consequential losses is dependent upon the words of the exclusion clause,..."

"...calculation of the amount of costs at $21,836.24: compare Borgel v Paintearth (County No 18) Subdivision and Development Appeal Board, 2020 ABCA 321 at para 30, 13 Alta LR (7th) 85; Canadian Broadcasting Corp v New Brunswick (Attorney General), [1996] 3 SCR 480 at para 72; R v Peets, 2024 A..."

"...for having a simplified voir dire based on submissions of counsel and not evidence: compare Borgel v Paintearth (County No. 18) SDAB, 2020 ABCA 321 at para 30, 3 Alta LR (7th) 85. All this is obiter here and mentioned only to note that the lack of a formal evidential voir dire might not nec..."

"...application of res judicata. [13]        As pointed out in Borgel v Paintearth (County No 18) SDAB, 2020 ABCA 321 at paras 45- 46, 83 Admin LR (6th) 297, the approach of an appeal or review court respecting the participation of a decision-maker (whose deci..."

"...(Subdivision and Development Appeal Board), 2023 ABCA 98 at paras 52–53; Borgel v Paintearth (Subdivision and Development Appeal Board), 2020 ABCA 321 at para 49; Breen v Foremost Industries Ltd, 2024 ABKB 9 at para 24; Ewashko v Hugo, 2022 ABCA 420 at para 6; H2S Solutions Ltd v Tourmaline..."

"...that deals with these types of exclusions. In Dow Chemical Canada ULC v NOVA Chemicals Corporation, 2018 ABQB 482 ( Dow), rev'd in part, 2020 ABCA 321, Justice Romaine concluded at paragraph 1032 that: …the meaning of consequential losses is dependent upon the words of the exclusion clause,..."

"...calculation of the amount of costs at $21,836.24: compare Borgel v Paintearth (County No 18) Subdivision and Development Appeal Board, 2020 ABCA 321 at para 30, 13 Alta LR (7th) 85; Canadian Broadcasting Corp v New Brunswick (Attorney General), [1996] 3 SCR 480 at para 72; R v Peets, 2024 A..."