Case information
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27229
Daphne Whiten, et al. v. Pilot Insurance Company, et al.
(Ontario) (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) |
|---|---|---|
| 2002-04-22 | Record returned to the Registrar of the Court of Appeal | |
| 2002-04-11 | Appeal closed | |
| 2002-04-11 | Correspondence (sent by the Court) to, Mr. Meiklejohn in response to his letter of March 22/02 | |
| 2002-04-10 | Correspondence (sent by the Court) to, all parties re: modifications to para. 7, line 3 of the English version of the reasons (sent by fax) | |
| 2002-03-27 | Correspondence received from, K. Stevens dated March 26, 2002 (fax copy) re: in response to Mr. Meiklejohn's letter dated March 22, 2002 | Pilot Insurance Company |
| 2002-03-25 | Correspondence received, Gordon Meiklejohn dated March 22, 2002 re: reasons for judgment | |
| 2002-03-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-03-01 | Copy of formal judgment being prepared | |
| 2002-02-25 | Notice of deposit of judgment sent to all parties | |
| 2002-02-22 |
Judgment on the appeal rendered, CJ L'HD G Ma Bi Arb LeB, The appeal is allowed and the jury award of $1 million in punitive damages is restored, with costs in this Court and the Court of Appeal on a party and party basis, LeBel J. dissenting. The respondent's cross-appeal against the award of any punitive damages is dismissed, with costs to the appellant, also on a party and party basis. Allowed |
|
| 2001-01-05 | Transcript received, (98 pages) | |
| 2000-12-14 | Judgment reserved OR rendered with reasons to follow, x | |
| 2000-12-14 |
Hearing of the appeal, 2000-12-14, CJ L'HD G Ma Bi Arb LeB Judgment reserved |
|
| 2000-12-14 | Appellant's book of authorities, (supplementary), Completed on: 2000-12-14 | Daphne Whiten |
| 2000-12-14 | Appellant's condensed book | Daphne Whiten |
| 2000-12-14 | Acknowledgement and consent for video taping of proceedings | |
| 2000-12-13 | Respondent's condensed book | Pilot Insurance Company |
| 2000-12-12 | Book of authorities - cross appeal, (supplementary), Completed on: 2000-12-12 | Pilot Insurance Company |
| 2000-11-28 | Notice of appearance, (Letter Form), from Borden, Ladner dated Nov. 28, 2000 (fax copy)(original received on Nov. 30, 2000) | The Insurance Council of Canada |
| 2000-11-10 | Order on motion for leave to intervene, (15 minute oral argument granted by Binnie J.) | |
| 2000-11-02 | Book of authorities, Completed on: 2000-11-02 | Ontario Trial Lawyers Association |
| 2000-11-02 | Intervener's factum, (see order), Completed on: 2000-11-02 | Ontario Trial Lawyers Association |
| 2000-10-12 | Order on motion for leave to intervene, (by the Court) | |
| 2000-10-12 |
Decision on the motion for leave to intervene, Bi, & extension of time by the ONTARIO TRIAL LAWYERS ASSOCIATION is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length no later than November 3, 2000. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the interveners (15 minute oral argument granted on Nov. 10, 2000). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted, no order as to costs |
|
| 2000-10-12 | Submission of motion for leave to intervene, Bi | |
| 2000-10-05 | Reply to the motion for leave to intervene, (Letter Form), from A. Spurgeon dated Oct. 4, 2000 (fax copy), Completed on: 2000-10-05 | Ontario Trial Lawyers Association |
| 2000-10-05 | Response to the motion for leave to intervene, (Letter Form), from C. Christie dated Oct. 4, 2000 (fax copy) re: takes no position with respect to the intervention by Ontario Trial Lawyers Ass., Completed on: 2000-10-05 | The Insurance Council of Canada |
| 2000-09-25 | Response to the motion for leave to intervene, book form, Completed on: 2000-09-18 | Pilot Insurance Company |
| 2000-09-25 | Response to the motion for leave to intervene, book form, Completed on: 2000-09-18 | Daphne Whiten |
| 2000-09-18 | Book of authorities, (in support of motion to intervene) - book form, Completed on: 2000-09-18 | Ontario Trial Lawyers Association |
| 2000-09-18 | Supplemental document, (memorandum of argument in support of motion to intervene) - book form | Ontario Trial Lawyers Association |
| 2000-09-18 | Motion to extend time, (to file the motion to intervene - included in motion book), Completed on: 2000-09-18 | Ontario Trial Lawyers Association |
| 2000-09-18 | Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2000-09-18 | Ontario Trial Lawyers Association |
| 2000-09-15 | Book of authorities, Completed on: 2000-09-15 | The Insurance Council of Canada |
| 2000-09-15 | Intervener's factum, (see order dated Aug. 14, 2000), Completed on: 2000-09-15 | The Insurance Council of Canada |
| 2000-09-11 | Notice of hearing | Daphne Whiten |
| 2000-09-01 |
Appeal hearing scheduled, 2000-12-14 Judgment reserved |
|
| 2000-08-31 | Order on motion to extend time | |
| 2000-08-31 |
Decision on motion to extend time, DeRg, to serve & file the appellant's response, record and book of authorities to the cross-appeal of the respondent Pilot Insurance to June 2, 2000, nunc pro tunc. Granted, no order as to costs |
|
| 2000-08-31 | Submission of motion to extend time, DeRg | |
| 2000-08-14 | Order on motion for leave to intervene, (by the Court) | |
| 2000-08-14 |
Decision on the motion for leave to intervene, Bi, and extension of time by the INSURANCE COUNCIL OF CANADA. The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length no later than September 15, 2000. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the intervener (15 minute oral argument granted Nov. 10, 2000). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. The appellant's request for discovery of documents and cross-examination of an ICC representative is dismissed. Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted, no order as to costs |
|
| 2000-08-14 | Submission of motion for leave to intervene, Bi | |
| 2000-08-11 | Reply to the motion for leave to intervene, (Letter Form), from R. Cohen dated Aug. 11, 2000 (fax copy) re: will not be filing a reply, Completed on: 2000-08-11 | The Insurance Council of Canada |
| 2000-08-08 | Response to motion to extend time, Completed on: 2000-08-08 | Pilot Insurance Company |
| 2000-08-08 | Motion to extend time, to file the response, record and authorities to cross-appeal to June 2 - 1 copy, Completed on: 2000-08-08 | Daphne Whiten |
| 2000-08-04 | Response to the motion for leave to intervene, 4 copies - book form, Completed on: 2000-08-04 | Daphne Whiten |
| 2000-07-05 | Response to the motion for leave to intervene, (book form), Completed on: 2000-07-24 | Pilot Insurance Company |
| 2000-06-28 | Motion to extend time, to file the motion to intervene (joint with motion to intervene), Completed on: 2000-06-28 | The Insurance Council of Canada |
| 2000-06-28 | Motion for leave to intervene, (joint with extension of time)(book form), Completed on: 2000-06-28 | The Insurance Council of Canada |
| 2000-06-02 | Respondent's book of authorities - cross appeal, Completed on: 2000-06-02 | Daphne Whiten |
| 2000-06-02 | Respondent's record - cross appeal, (supplemental), Completed on: 2000-06-02 | Daphne Whiten |
| 2000-06-02 | Respondent's factum - cross appeal, (extension of time requested), Completed on: 2000-06-02 | Daphne Whiten |
| 2000-05-10 | Appellant's book of authorities - cross appeal, joint with Respondent's Authorities, Completed on: 2000-05-10 | Pilot Insurance Company |
| 2000-05-10 | Respondent's book of authorities, joint with authorities on cross-appeal, Completed on: 2000-05-10 | Pilot Insurance Company |
| 2000-05-10 | Respondent's record, Vol. I & II, Completed on: 2000-05-10 | Pilot Insurance Company |
| 2000-05-10 | Appellant's factum - cross appeal, joint with respondent's factum, Completed on: 2000-05-10 | Pilot Insurance Company |
| 2000-05-10 | Respondent's factum, joint with factum on cross-appeal, Completed on: 2000-05-10 | Pilot Insurance Company |
| 2000-05-08 | Correspondence received, from R. Caza (Nelligan, Power) dated May 4; re: would like to know hearing date once fixed | |
| 2000-05-05 | Appeal perfected for hearing, Session beginning on 2000-10-02 | |
| 2000-03-10 | Appellant's record, (vol. 1 and 2), Completed on: 2000-03-10 | Daphne Whiten |
| 2000-03-10 | Appellant's book of authorities, (vol. 1 and 2), Completed on: 2000-03-10 | Daphne Whiten |
| 2000-03-10 | Appellant's factum, Completed on: 2000-03-10 | Daphne Whiten |
| 2000-02-14 | Appeal court record, (1 box) | |
| 1999-11-29 | Order granting leave to appeal | |
| 1999-11-18 | Notice of deposit for security | Daphne Whiten |
| 1999-11-17 | Order granting leave to appeal, to cross-appeal | |
| 1999-11-16 | Letter acknowledging receipt of notice of appeal | |
| 1999-11-12 | Notice of appeal, (receipt #2503 for security deposit), Completed on: 1999-11-12 | Daphne Whiten |
| 1999-11-09 | Notice of cross appeal, (revised cross-appeal received on Nov. 15, 1999), Completed on: 1999-11-09 | Pilot Insurance Company |
| 1999-10-15 | Notice of deposit of judgment issued to all parties | |
| 1999-10-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs in the cause. The application for leave to cross-appeal is granted with costs in the cause. Granted, with costs in the cause |
|
| 1999-10-14 |
Judgment of the Court on the application for leave to cross-appeal, The application for leave to cross-appeal is granted with costs in the cause. Granted, with costs in the cause |
|
| 1999-08-03 | All material on the application for leave to cross-appeal submitted to the Judges, Ma Ba Bi | |
| 1999-08-03 | All materials on application for leave submitted to the Judges, Ma Ba Bi | |
| 1999-06-07 | Correspondence received from, G. Will dated June 4, 1999 re:page 52 in the applicant's response to the respondent's application to cross-appeal | Daphne Whiten |
| 1999-06-07 | Reply to the memorandum in response to the argument on cross-appeal, Completed on: 1999-06-07 | Pilot Insurance Company |
| 1999-06-02 | Memorandum of argument in response to the cross-appeal, Completed on: 1999-06-02 | Daphne Whiten |
| 1999-06-02 | Applicant's reply to respondent's argument, Completed on: 1999-06-02 | Daphne Whiten |
| 1999-05-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-05-05 | Application for leave to cross-appeal, (joint with respondent's response), vol. 1 and 2, Completed on: 1999-05-05 | Pilot Insurance Company |
| 1999-05-05 | Respondent's response on the application for leave to appeal, (joint with motion to cross-appeal), vol. 1 and 2, Completed on: 1999-05-05 | Pilot Insurance Company |
| 1999-04-06 | Application for leave to appeal, Completed on: 1999-04-06 | Daphne Whiten |
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 |
|---|---|---|
| Whiten, Daphne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pilot Insurance Company | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Pilot Insurance Company | Appellant on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Whiten, Daphne | Respondent on cross-appeal | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| The Insurance Council of Canada | Intervener | Active |
| Ontario Trial Lawyers Association | Intervener | Active |
Counsel
Party: Whiten, Daphne
Counsel
Anil Varma
3005 - 401 Bay St.
P.O. Box 96
Toronto, Ontario
M5H 2Y4
Telephone: (416) 360-1194
FAX: (416) 360-8469
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Pilot Insurance Company
Counsel
Kirk F. Stevens
2400 - 130 Adelaide Street West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: The Insurance Council of Canada
Counsel
Russell Cohen
Melanie L. Aitken
4400 - 1 First Canadian Place
P.O. Box 63
Toronto, Ontario
M5X 1B1
Telephone: (416) 367-6939
FAX: (416) 863-0871
Email: mfinkelstein@dwpv.com
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: Ontario Trial Lawyers Association
Counsel
Andrew J. Spurgeon
One King Street West
Hamilton, Ontario
L8N 3P6
Telephone: (905) 526-9800
FAX: (905) 526-0732
Agent
200 ELGIN ST
OTTAWA, Ontario
K2P 1L5
Telephone: (613) 236-0735
FAX: (613) 238-3501
Summary
Keywords
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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.
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Lower court rulings
Ontario Court of Justice (General Division)
94-CU-77550-CM
See file
Court of Appeal for Ontario
C23973
Appeal allowed
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
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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
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