Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
28616
Her Majesty the Queen in Right of the Province of British Columbia v. M.B.
(British Columbia) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-10-14 | Appeal closed | |
| 2003-10-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-10-02 | Correspondence received from, P. Paterson dated Oct. 2, 2003 (fax copy) re: names of counsel on the judgment (joint) | Patrick Dennis Stewart, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait |
| 2003-10-02 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of British Columbia (Victoria), Number CA27265, dated February 28, 2002, heard on December 5 and 6, 2002 is allowed and the cross-appeal is dismissed, Arbour J. dissenting in part. Allowed |
|
| 2003-10-02 |
Judgment on the cross-appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De Dismissed |
|
| 2003-02-25 | Correspondence received from, R. E. Houston, Q.C. dated Feb. 24/03 re: enclosing the decision from the Australian High Court (sent to the judges Feb. 25/03) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-02-21 | Correspondence received, R.R. Hira, Q.C. (by fax) re: Australian cases rendered Feb. 6/03 (joint with 28612 - 28613) (sent to the judges Feb. 25/03) | |
| 2002-12-19 | Transcript received | |
| 2002-12-06 | Judgment reserved OR rendered with reasons to follow | |
| 2002-12-05 | Acknowledgement and consent for video taping of proceedings | |
| 2002-12-05 |
Hearing of the appeal, 2002-12-05, CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2002-12-04 | Notice of appearance, (Letter Form), - Kay Young (fax), dated/datée Dec. 4, joint with/avec 28612, 28613 | Attorney General of Canada |
| 2002-12-04 | Notice of appearance, (Letter Form), - Karen Horsman (fax), dated Dec. 4. | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-12-03 | Supplemental document, (Letter Form), correspondence/correspondance, joint with/avec 28613, 28612 | M.B. |
| 2002-12-03 | Appellant's condensed book | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-12-02 | Supplemental document, (Letter Form), suggestions, joint/avec 28613, 28616 | M.B. |
| 2002-12-02 | Appellant's condensed book, on cross-appeal (supplementary judgment)/sur appel incident (jugement supplémentaire) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-11-29 | Respondent's book of authorities - cross appeal, Completed on: 2002-11-29 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-11-29 | Respondent's factum - cross appeal, (Supplementary factum - Damages / Mémoire supplémentaire - Dommages) (25 copies), Completed on: 2002-11-29 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-11-28 | Respondent's book of authorities, Vol. I & II (Supplementary Appeal and cross-appeal - Supplémentaire appel et appel-incident), Completed on: 2002-11-28 | M.B. |
| 2002-11-27 | Correspondence received from, Gowlings dated Nov. 27, 2002 re: enclosing 12 copies of the Sup. Court for the State of Alaska, to be inserted at Tab 2 " of the Book of authorities (sent to the judges on Nov. 27, 2002) | Insurance Corporation of British Columbia |
| 2002-11-25 | Notice of appearance, (Letter Form), of David Sgayias, dated Nov. 25, by fax. | Attorney General of Canada |
| 2002-11-25 | Notice of appearance, (Letter Form), of Thomas MacLachlan, John Hunter and Kim Knapp, dated Nov. 25, by fax. | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-11-25 | Notice of appearance, (Letter Form), of Susan M. Vella and Elizabeth K. P. Grace, dated Nov. 25, by fax. | The Nishnawbe Aski Nation |
| 2002-11-25 | Notice of appearance, (Letter Form), of Peter Grant and Diane Soroka, dated Nov. 25, by fax. | Patrick Dennis Stewart, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait |
| 2002-11-25 | Order on motion for leave to intervene, (ORAL ARGUMENT OF 15 MINUTES GRANTED TO I.C.B.C. BY BASTARACHE J.) | |
| 2002-11-22 | Book of authorities, (vol. 1 and 2), Completed on: 2002-11-27 | Insurance Corporation of British Columbia |
| 2002-11-22 | Intervener's factum, (see order), Completed on: 2002-11-22 | Insurance Corporation of British Columbia |
| 2002-11-20 | Appellant's book of authorities, Vol. I to III (to Supplementary Appeal), Completed on: 2002-11-20 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-11-19 | Appellant's factum - cross appeal, joint with respondent's factum, Completed on: 2002-11-19 | M.B. |
| 2002-11-19 | Respondent's factum, joint with appellant's factum, Completed on: 2002-11-19 | M.B. |
| 2002-11-18 | Appellant's book of authorities, Vol. I to IV (joint), Completed on: 2002-11-18 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-11-14 | Notice of appearance, (Letter Form), of Gail M. Dickson, Q.C., Karen E. Jamieson, and Cristen L. Gleeson | M.B. |
| 2002-11-14 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2002-11-14 |
Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant INSURANCE CORPORATION OF BRITISH COLUMBIA is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length to be served and filed on or before November 22, 2002. The request to present oral argument is deferred to a date following receipt of the said intervener's factum (15 MINUTES ORAL ARGUMENT GRANTED NOVEMBER 25, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59 (1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2002-11-14 | Submission of motion for leave to intervene, Ba | |
| 2002-11-13 | Reply to the motion for leave to intervene, (book form - service missing), Completed on: 2002-11-19 | Insurance Corporation of British Columbia |
| 2002-11-08 | Response to the motion for leave to intervene, (Letter Form), from T.H. MacLachlan, Q.C. dated Nov. 7/02 (by fax), Completed on: 2002-11-08 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-10-29 | Response to the motion for leave to intervene, (4 copies - service on Appellant served and rec'd Nov. 1/02 book form), Completed on: 2002-10-29 | M.B. |
| 2002-10-21 | Appellant's factum, (deductibility of social ass. benefits) - suppl. factum (see decision of Sept. 12, 2002), Completed on: 2002-10-21 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-10-17 | Motion for leave to intervene, (book form), Completed on: 2002-10-17 | Insurance Corporation of British Columbia |
| 2002-10-15 | Correspondence received from, C. Villeneuve dated Oct. 11, 2002 (fax copy) re: schedule for hearing (joint with 28612-3) | M.B. |
| 2002-10-09 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT IN TOTAL IN ALL (3) APPEALS GRANTED TO THE (3) INTERVENERS BY BASTARACHE J.) | |
| 2002-10-04 | Correspondence received from, Osler; re: time alloted for the hearing of the appeals | M.B. |
| 2002-10-03 | Notice of appeal, Completed on: 2002-10-03 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-09-17 | Judgment on leave sent to the parties | |
| 2002-09-17 | Correspondence (sent by the Court) to, to T. MacLachlan and G. Dickson re: timetable for the factum from the decision on Sept. 12, 2002 | |
| 2002-09-17 | Notice of deposit of judgment issued to all parties | |
| 2002-09-12 |
Judgment of the Court on the application for leave to cross-appeal Granted, with costs |
|
| 2002-09-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal and the application for an extension of time and the application for leave to cross-appeal from the judgment of the Court of Appeal of British Columbia (Victoria), Number CA27265, dated February 28, 2002, are granted with costs to the respondent (applicant on cross-appeal) in any event of the cause. All the factums must be filed and served to meet the hearing date of December 5, 2002. Granted, with costs |
|
| 2002-09-12 |
Decision on motion to extend time Granted, with costs |
|
| 2002-09-09 |
Appeal hearing scheduled, 2002-12-05 Judgment reserved |
|
| 2002-09-05 | Book of authorities, (joint with 28612 and 28613), Completed on: 2002-09-05 | The Nishnawbe Aski Nation |
| 2002-09-05 | Intervener's factum, (see decision of Aug. 16/02 - joint with 28612 and 28613), Completed on: 2002-09-05 | The Nishnawbe Aski Nation |
| 2002-08-20 | Notice of hearing | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-08-19 | Book of authorities, (joint with 28612 and 28613), Completed on: 2002-08-19 | Patrick Dennis Stewart, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait |
| 2002-08-19 | Intervener's factum, (joint with 28612 and 28613), Completed on: 2002-08-19 | Patrick Dennis Stewart, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait |
| 2002-08-16 |
Decision on motion to extend time, Reg, to serve and file the factum of the intervener Nishnawbe Aski Nation to September 5, 2002. Granted |
|
| 2002-08-16 | Submission of motion to extend time, Reg | |
| 2002-07-29 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-07-26 | Book of authorities, (joint with 28612 and 28613), Completed on: 2002-07-26 | Attorney General of Canada |
| 2002-07-26 | Intervener's factum, (joint with 28612 and 28613), Completed on: 2002-07-26 | Attorney General of Canada |
| 2002-07-23 | Motion to extend time, to file the factum to Sept. 5, 2002 (joint with 28612 and 28613), Completed on: 2002-07-23 | The Nishnawbe Aski Nation |
| 2002-07-11 | Submission of motion to extend time, on cross-appeal, CJ Ia Arb | |
| 2002-07-09 | Motion to extend time, to file the application for leave to cross-appeal to June 3, 2002 - 5 copies (sent to the judges on July 11, 2002), Completed on: 2002-07-10 | M.B. |
| 2002-07-09 | Reply to the memorandum in response to the argument on cross-appeal, (sent to Panel July 10/02), Completed on: 2002-07-09 | M.B. |
| 2002-07-05 | Correspondence received from, C.A. Villeneuve dated July 5/02 re: enclosing Respondent's Factum and confirming the parties are proposing to file Joint Books of Authorities with 28612 and 28613 | M.B. |
| 2002-07-05 | Respondent's factum, Completed on: 2002-07-05 | M.B. |
| 2002-07-02 | Memorandum of argument in response to the cross-appeal, (sent to Panel July 3/02), Completed on: 2002-07-02 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-06-10 | All material on the application for leave to cross-appeal submitted to the Judges, CJ Ia Arb | |
| 2002-06-10 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-06-03 | Application for leave to cross-appeal, (Included in Respondent's Response) Received C.A. order and supplementary order on June 6, 2002, Completed on: 2002-06-06 | M.B. |
| 2002-06-03 | Respondent's response on the application for leave to appeal, (Joint with Application for Leave to Cross-Appeal) Received C.A. order and supplementary order on June 6, 2002, Completed on: 2002-06-06 | M.B. |
| 2002-05-29 | Order on motion to extend time | |
| 2002-05-24 |
Decision on motion to extend time, DeRg, to serve and file the appellant's factum to May 7, 2002. Granted |
|
| 2002-05-24 | Submission of motion to extend time, DeRg | |
| 2002-05-22 | Correspondence (sent by the Court) to, (Letter Form), all parties. New case number was inadvertently assigned. Information will be transfered to previously existing file # 28616. | |
| 2002-05-16 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2002-05-16 |
Decision on the motion for leave to intervene, Ba, The motion for an extension of time and for leave to intervene of the applicant NISHNAWBE ASKI NATION is granted and the applicants shall be entitled to serve and file one joint factum not to exceed 20 pages in length and one joint book of authorities. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT IN TOTAL IN ALL (3) APPEALS GRANTED OCTOBER 9, 2002). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted |
|
| 2002-05-16 |
Decision on the motion for leave to intervene, Ba, The motion for an extension of time and for leave to intervene of the applicants PATRICK DENNIS STEWART, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait, James Wilfrid White, Allan George Wilson, Donna Wilson, John Hugh Wilson, Terry Aleck, Gilbert Spinks, Ernie James and Ernie Michell is granted and the applicants shall be entitled to serve and file one joint factum not to exceed 20 pages in length and one joint book of authorities. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT IN TOTAL IN ALL (3) APPEALS GRANTED OCTOBER 9, 2002). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted |
|
| 2002-05-16 | Submission of motion for leave to intervene, Ba | |
| 2002-05-15 | Response to motion to extend time, (Letter Form), from G.M. Dickson, Q.C. dated May 10/02 (Exhibit ¨B¨ of the Motion), Completed on: 2002-05-15 | M.B. |
| 2002-05-15 | Motion to extend time, to serve and file the Factum to May 7/02, Completed on: 2002-05-15 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-05-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, Missing order and supplemetary order of C.A. | |
| 2002-05-07 | Appellant's factum, (extension of time requested), Completed on: 2002-05-07 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-05-03 | Response to the motion for leave to intervene, (Letter Form), from Osler, Hoskin dated May 3, 2002 re: interventions by P. D. Stewart and Nishnawbi Aski Nation, Completed on: 2002-05-03 | M.B. |
| 2002-04-29 | Application for leave to appeal, (NEW APPLICATION from Supplementary Order of C.A.B.C. dated February 28th, 2002) Missing C.A. order and supplemetary order; Order and supplementary order revceived June 6 2002 via Respondents, Completed on: 2002-06-10 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-04-24 | Motion for leave to intervene, (joint with extension of time) - 4 copies, book form, Completed on: 2002-04-24 | The Nishnawbe Aski Nation |
| 2002-04-18 | Appellant's record, Vol. I to XIV (C/A Order and service on respondent missing) (C/A Order filed and included in Record June 10/02) (service on respondent rec'd June 17/02), Completed on: 2002-06-17 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-04-16 | Motion for leave to intervene, (joint with extension of time) - 2 copies, Completed on: 2002-04-16 | Patrick Dennis Stewart, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait |
| 2002-03-11 | Order on motion for leave to intervene, (by the judge) | |
| 2002-03-11 |
Decision on the motion for leave to intervene, Ba, by the ATTORNEY GENERAL OF CANADA. The applicant is entitled to serve and file one joint factum not to exceed 30 pages and one joint book of authorities. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners( 15 MINUTES ORAL ARGUMENT IN TOTAL IN ALL (3) APPEALS GRANTED OCTOBER 9, 2002). 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention (joint with 28613 & 28616). Granted |
|
| 2002-03-11 | Submission of motion for leave to intervene, Ba | |
| 2002-02-22 | Response to the motion for leave to intervene, (Letter Form), from P.J. Wilson dated Feb. 22/02 re: Respondent does not oppose, Completed on: 2002-02-22 | M.B. |
| 2002-02-15 | Motion for leave to intervene, book form, Completed on: 2002-02-15 | Attorney General of Canada |
| 2001-12-17 | Notice of appeal, Completed on: 2001-12-17 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-12-12 | Correspondence (sent by the Court) to, all parties re: filing timetable / tentative hearing date | |
| 2001-12-07 | Notice of deposit of judgment issued to all parties | |
| 2001-12-06 |
Judgment of the Court on the application for leave to appeal Granted |
|
| 2001-11-01 | Motion for directions, (amended) (sent to the judges on Nov. 5, 2001), Completed on: 2001-11-01 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-10-30 | Response to motion for directions, (Letter Form), from C. Villeneuve dated Oct. 30, 2001, Completed on: 2001-10-30 | M.B. |
| 2001-10-29 | Submission of motion for directions, CJ Ia Ba | |
| 2001-10-29 | All materials on application for leave submitted to the Judges, CJ Ia Ba | |
| 2001-10-26 | Motion for directions, re: formal order of C.A. (to be sent with leave application), Completed on: 2001-10-26 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-06-27 | Respondent's response on the application for leave to appeal, Completed on: 2001-06-27 | M.B. |
| 2001-06-01 | Book of authorities, Completed on: 2001-06-06 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-06-01 | Correspondence received from, G.M. Dickson, dated June 1, 2001, (by fax) re: confirming pub. ban | M.B. |
| 2001-06-01 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-05-28 | Application for leave to appeal, (pages 116 to 126 missing / TC reasons - rec'd Sept. 14/01) (C/A Order missing), Completed on: 2001-10-31 | Her Majesty the Queen in Right of the Province of British Columbia |
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 |
|---|---|---|
| Her Majesty the Queen in Right of the Province of British Columbia | Appellant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| M.B. | Respondent / Appellant on cross-appeal | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Patrick Dennis Stewart, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait | Intervener | Active |
| James Wilfrid White, Allan George Wilson, Donna Wilson, John Hugh Wilson, Terry Aleck, Gilbert Spinks, Ernie James and Ernie Michell | Intervener | Active |
| The Nishnawbe Aski Nation | Intervener | Active |
| Insurance Corporation of British Columbia | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of the Province of British Columbia
Counsel
Names
Thomas H. MacLachlan, Q.C.
John J.L. Hunter, Q.C.
Karen Horsman
John J.L. Hunter, Q.C.
Karen Horsman
Contact information
Attorney General of British Columbia
1001 Douglas Street - 3rd Floor
P.O. Box 9280, Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8888
FAX: (250) 953-4348
Email: tom.maclachlan@ag.gov.bc.ca
1001 Douglas Street - 3rd Floor
P.O. Box 9280, Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8888
FAX: (250) 953-4348
Email: tom.maclachlan@ag.gov.bc.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: M.B.
Counsel
Names
Alison L. Murray
Karen E. Jamieson
Cristen L. Gleeson
Gail M. Dickson, Q.C.
Karen E. Jamieson
Cristen L. Gleeson
Gail M. Dickson, Q.C.
Contact information
Dickson, Murray
200 - 1152 Mainland Street
Vancouver, British Columbia
V6B 4X2
Telephone: (604) 688-0777
FAX: (604) 688-9700
200 - 1152 Mainland Street
Vancouver, British Columbia
V6B 4X2
Telephone: (604) 688-0777
FAX: (604) 688-9700
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Attorney General of Canada
Counsel
Names
David Sgayias, Q.C.
Kay Young
Kay Young
Contact information
Attorney General of Canada
Department of Justice
284 Wellington St, 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 952-0275
FAX: (613) 952-1227
Department of Justice
284 Wellington St, 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 952-0275
FAX: (613) 952-1227
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Party: Patrick Dennis Stewart, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait
Counsel
Names
David Paterson
Peter Grant
Diane Soroka
Peter Grant
Diane Soroka
Contact information
David Paterson Law Corporation
302 - 10252 - 135 Street
Surrey
British Columbia
V3T 4C2
Telephone: (604) 951-0435
FAX: (604) 585-1740
Email: davidp@shaw.ca
302 - 10252 - 135 Street
Surrey
British Columbia
V3T 4C2
Telephone: (604) 951-0435
FAX: (604) 585-1740
Email: davidp@shaw.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: James Wilfrid White, Allan George Wilson, Donna Wilson, John Hugh Wilson, Terry Aleck, Gilbert Spinks, Ernie James and Ernie Michell
Counsel
Names
David Paterson
Peter Grant
Diane Soroka
Peter Grant
Diane Soroka
Contact information
David Paterson Law Corporation
302 - 10252 - 135 Street
Surrey
British Columbia
V3T 4C2
Telephone: (604) 951-0435
FAX: (604) 585-1740
Email: davidp@shaw.ca
302 - 10252 - 135 Street
Surrey
British Columbia
V3T 4C2
Telephone: (604) 951-0435
FAX: (604) 585-1740
Email: davidp@shaw.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: The Nishnawbe Aski Nation
Counsel
Names
Susan M. Vella
Elizabeth K.P. Grace
Elizabeth K.P. Grace
Contact information
Goodman & Carr
2300 - 200 King St. W.
Toronto, Ontario
M5H 3W5
Telephone: (416) 595-2434
FAX: (416) 595-0567
Email: SVELLA@GOODMANCARR.COM
2300 - 200 King St. W.
Toronto, Ontario
M5H 3W5
Telephone: (416) 595-2434
FAX: (416) 595-0567
Email: SVELLA@GOODMANCARR.COM
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Insurance Corporation of British Columbia
Counsel
Names
Christopher E. Hinkson, Q.C.
Suzanne Forestell
Guy P. Brown
Suzanne Forestell
Guy P. Brown
Contact information
Harper Grey Easton
3200 - 650 Georgia St. West
Box 11504
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: chinkson@hgelaw.com
3200 - 650 Georgia St. West
Box 11504
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: chinkson@hgelaw.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
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.
None.
Lower court rulings
May 3, 2000
Supreme Court of British Columbia
C970404
Supreme Court of British Columbia
C970404
Respondent's action for damages granted; Appellant ordered to pay damages totalling $172,726.04 ($10,000 for past lost earning capacity) plus pre-judgment interest on the damages for past lost earning capacity in the amount of 18,551.25
March 27, 2001
Court of Appeal for British Columbia (Victoria)
CA27265
Court of Appeal for British Columbia (Victoria)
CA27265
Appellant's appeal against liability dismissed; Appellant's appeal against quantum of damages allowed in part: $50,000 substituted for past loss of opportunity to earn income
February 28, 2002
Court of Appeal for British Columbia (Victoria)
CA27265
Court of Appeal for British Columbia (Victoria)
CA27265
Further reasons for judgment on the award for past loss and interest thereon
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
Related links
Date modified: 2025-05-13