Stack It Wall Systems Inc v Dahl, 2013 ABQB 248

Court of Queen ’ s Bench of Alberta Citation: Stack It Wall Systems Inc v Dahl, 2013 ABQB 248 Date: 20130426 Docket: 1001 09672 Registry: Calgary Between: Stack It Wall Systems Inc. Plaintiffs - and - Eldon G. Dahl and Agnesa Dahl Defendants _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice R. J. Hall _______________________________________________________ [ 1 ] In an application brought before me on April 17, 2013 the Defendants sought an Order to have funds in the amount of $35,693.98 paid to them out of Court.

The funds were paid into court as a lien fund, in order that a Builders’ Lien against their property cold be rendered. [ 2 ] A similar application was made on their behalf by their previous counsel before Master Hanebury on March 18, 2013, based upon the same affidavit evidence as was this application before me.

[ 3 ] Master Hanebury ruled that, unless the claim against them could be struck on application, on some basis recognized by the Rules of Court, such as

summary dismissal on the merits, the Court was in no position to order the funds paid out to the Defendants. She directed that, if such a basis existed then the Defendants could reapply; but absent such circumstances she could not direct payment out of court of the subject funds. [ 4 ] Master Hanebury’s decision was, wholly correct. In this application before me, no basis has been presented that justifies barring the Plaintiff’s action; no application has been made, nor grounds made out, for

Summary Dismissal of the Claim. [ 5 ] Therefore, the application of the Defendant fails. Heard on the 18th day of April, 2013. Dated at the City of Calgary, Alberta this 26th day of April, 2013. R. J. Hall J.C.Q.B.A. Appearances: Dana Munn - Self-Represented for the Plaintiffs Eldon G. Dahl- Self-Represented for the Defendants