Arraf v Royal View Surgical Centre Ltd.
John Arraf
Law Firm / Organization
Verjee Law
John Arraf Professional Corporation
Law Firm / Organization
Verjee Law
Royal View Surgical Centre Ltd.
Law Firm / Organization
Carbert Waite LLP
Gulzar Sachedina
Law Firm / Organization
Carbert Waite LLP
Gulzar P. Sachedina Professional Corporation
Law Firm / Organization
Carbert Waite LLP
Todd Fairbanks
Law Firm / Organization
Carbert Waite LLP
Todd P. Fairbanks Professional Corporation
Law Firm / Organization
Carbert Waite LLP
Sandeep Dhesi
Law Firm / Organization
Carbert Waite LLP
Sandeep Dhesi Professional Corporation
Law Firm / Organization
Carbert Waite LLP

Case Summary

  • Claim: Dr. Arraf sued for wrongful and/or constructive dismissal, seeking $2.1 million in damages.
  • Defendants' Application: Requested the Plaintiffs to deposit $77,916.78 as security for costs.

Appeal Decision

  • Ruling: The appeal allowed the Defendants' request for security for costs, overturning the previous dismissal.
  • Order: Plaintiffs must deposit $77,916.78 into trust by June 15, 2024. The action is stayed until the deposit is made.

Key Considerations

  • Enforcement of Judgment: Dr. Arraf has a liquid bank account in Alberta, easily transferable. Prof. Corp. has no assets.
  • Ability to Pay: Dr. Arraf earns a high income in Texas, indicating he can pay costs. Prof. Corp. has no means to pay.
  • Merits of Action: Both sides presented strong arguments, making this a neutral factor.
  • Prejudice: No significant evidence that security for costs would hinder Plaintiffs' ability to continue the case.
  • Reciprocal Enforcement: The previous judge overemphasized enforcement ease in Montana without sufficient evidence of assets.

Costs

  • Awarded to Defendants: Defendants can recover appeal costs, with further submissions allowed if no agreement is reached.
Court of King's Bench of Alberta
2101 11303
Employment law
$ 77,917
Defendant