Vogel News

Vogel LLP in the News

Doug Perras and Mike Vogel recently filed a $2 million Claim with the Alberta Courts. This claim is in relation to a homicide investigation surrounding the death of a Calgary toddler. The investigation conducted by the then Forensic Medical Examiner, Dr. Michael Belenky, found that the toddler's death was a homicide. Nearly two years after this finding, Dr. Belenky's work was reviewed and his findings were found to be inaccurate. Consequently, the cause of death as homicide was overturned and ruled as an accident. For our complete article, click here.

Sparrowhawk v. Zapoltinsky

In Sparrowhawk v. Zapoltinsky, a decision released on January 13, 2012, the Court of Queen's Bench of Alberta ruled that Temporomandibular Disorder (TMD) injuries are not injuries to which the Minor Injury Regulation and the Diagnostic and Treatment Protocols Regulation apply. In a lengthy and well written decision, Justice D.L. Shelley, writing for the Court, held that the Minor Injury Scheme does not include dental injury. For our complete article, click here.

Elbow River Marketing Limited Partnership v. Canada Clean Fuels Inc.

Michael Vogel along with Norm Machida of Machida Shewchuk James successfully appealed a decision in Elbow River Marketing Limited Partnership v. Canada Clean Fuels Inc., 2011 ABQB 321. Canada Clean Fuels Inc. brought forward a motion for summary judgment on the issue of whether or not there existed a business partnership between itself and another similarly named corporate entity in that no formal written partnership agreement existed. The law in Alberta is such that summary judgment can only be granted in situations where there is no genuine issue for trial. Mr. Vogel and Mr. Machida successfully argued on behalf of Elbow River that despite there being no formal partnership agreement between the similarly named defendants, determining a legal partnership between companies is based on many additional factors. The Honourable Mr. Justice W. A. Tilleman agreed that this issue that must proceed in order to properly assess the relationship between both defendants. As such, the application of Canada Clean Fuels Inc. for summary judgment to dismiss the claim against them was defeated on appeal. For the complete written decision please click here.