Case information
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40442
Nestor Aguillo Valdez v. Marie Neron, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46757, 2022 BCCA 301, dated September 6, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-14) | Marie Neron |
| 2022-12-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-12-14) | Marie Neron |
| 2022-11-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED: 2022-11-14 | |
| 2022-10-31 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-11-01) | Nestor Aguillo Valdez |
| 2022-10-31 |
Application for leave to appeal, (Book Form), Missing: - TC judgment - CA order, Completed on: 2023-03-01, (Printed version filed on 2022-11-01) |
Nestor Aguillo Valdez |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Valdez, Nestor Aguillo | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Neron, Marie | Respondent | Active |
| Gosling, Blair | Respondent | Active |
Counsel
Party: Valdez, Nestor Aguillo
Counsel
800 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (778) 373-8202
FAX: (778) 373-4111
Email: dshane@preszlerlaw.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Neron, Marie
Counsel
2700-700 West Georgia Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 484-1702
FAX: (604) 484-9702
Email: jcahan@ahbl.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Gosling, Blair
Counsel
2700-700 West Georgia Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 484-1702
FAX: (604) 484-9702
Email: jcahan@ahbl.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Damages — Non-pecuniary damages — Jury award — Quantum — Substitution of jury award — Whether, where a jury verdict was internally inconsistent and credibility was a significant issue at trial, a new trial was required — Whether an appellate court can choose one of several possible interpretations of the jury verdict and substitute a damages award on that basis
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Applicant Nestor Aguillo Valdez was injured when his vehicle was hit from the rear by a vehicle owned and driven by respondents Marie Neron and Blair Gosling. Liability was admitted. Damages were assessed by a jury.
Mr. Valdez appealed from the jury verdict on the basis that it was unreasonable and resulted in an unjust outcome; he asked for a new trial. The Court of Appeal allowed the appeal and substituted the jury’s non-pecuniary damages award, but declined to order a new trial.
Lower court rulings
Supreme Court of British Columbia
M184610
Jury verdict for the plaintiff
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 301, CA46757
Appeal allowed; non-pecuniary damages award substituted
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available