HSBC Bank Canada v. Jakab, 2012 ABQB 435

Court of Queen ’ s Bench of Alberta Citation: HSBC Bank Canada v. Jakab, 2012 ABQB 435 Date: 20120703 Docket: 1201 00151 Registry: Calgary Between: HSBC Bank Canada Plaintiff - and - Mario Jakab Defendant _______________________________________________________ Reasons for Judgment of J.T. Prowse, Q.C. Master in Chambers _______________________________________________________ [ 1 ] HSBC Bank Canada commenced this action in Alberta against Mario Jakab based on an Ontario judgment which it obtained against him in Ontario over 11 years ago. Mr. Jakab filed a defence, but did not plead that the action was barred by

section 11 of the Limitations Act , which provides: If, within 10 years after the claim arose, a claimant does not seek a remedial order in respect of a claim based on a judgment or order for the payment of money, the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim. [ 2 ] HSBC applied for

summary judgment, and served Jakab with notice of the application. Jakab did not attend on the return of

the application. I reserved my decision pending written submissions from HSBC as to whether its action was barred under the Limitations Act . [ 3 ] HSBC’s written submission points out that it is up to Jakab to plead the Limitations Act , and, since he has not done so, HSBC is entitled to judgment. Indeed, the wording of

section 11 itself indicates that the immunity arises upon the defendant “pleading this Act as a defence”. Since Jakab has not done so, I hereby award

summary judgment against Jakab in the amount sought by HSBC. Heard on the 24 th day of May, 2012. Dated at the City of Calgary, Alberta this 3 rd day of July, 2012. J.T. Prowse, Q.C. M.C.C.Q.B.A. Appearances: Anthony L. Dekens Bishop & McKenzie LLP for the Plaintiff