Case information
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30721
Baljit Kumar v. Coachman 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) |
|---|---|---|
| 2005-09-09 | Close file on Leave | |
| 2005-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-26 | Judgment on leave sent to the parties | |
| 2005-08-25 |
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 Ontario, Number M31437, dated October 26, 2004, is dismissed with costs to the respondent Coachman Insurance Company. Dismissed, with costs |
|
| 2005-07-11 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-05-26 | Book of authorities | Coachman Insurance Company |
| 2005-05-26 | Respondent's response on the application for leave to appeal, Service missing - Rec'd May 27, 2005, Completed on: 2005-05-27 | Coachman Insurance Company |
| 2005-05-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-05-11 | Order on motion to extend the time to file and/or serve the leave application, (BY BINNIE J.) | |
| 2005-05-11 |
Decision on motion to extend time to file and /or serve the leave application, Bi, The motion to extend the time to serve and file an application for leave to appeal to May 5, 2005 is granted. The respondents shall serve and file their responses within 30 days from this Order. Granted |
|
| 2005-05-11 | Submission of motion to extend time to file and/ or serve the leave application, Bi | |
| 2005-05-05 | Correspondence received from, R. Sawhney dated May 4/05 re: No Court of Appeal Order issued and enclosing Superior Court Order (by fax) | Baljit Kumar |
| 2005-05-03 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from Erik K. Grossman dated May 3/05, Completed on: 2005-05-03 | Coachman Insurance Company |
| 2005-05-02 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from K.L. Collins (by e-mail) re: no position, Completed on: 2005-05-02 | Financial Services Commission of Ontario |
| 2005-04-26 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application for leave to appeal), Completed on: 2005-04-26 | Baljit Kumar |
| 2005-04-26 | Application for leave to appeal, (T/C and C/A Orders missing - no C/A Order and Superior Court Order rec'd May 5/05), Completed on: 2005-05-05 | Baljit Kumar |
| 2005-04-06 | Letter and notice pursuant to Rule 64 sent to, (All parties) | |
| 2005-01-13 | Correspondence received from, (FSCO will not be filing any materials in respect of the Application for Leave but reserves the right to participate in the appeal if leave is granted) | Financial Services Commission of Ontario |
| 2004-12-30 | Notice of application for leave to appeal | Baljit Kumar |
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 |
|---|---|---|
| Kumar, Baljit | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Coachman Insurance Company | Respondent | Active |
| Financial Services Commission of Ontario | Respondent | Active |
Counsel
Party: Kumar, Baljit
Counsel
Mississauga, Ontario
L5B 2T4
Telephone: (905) 569-1314
FAX: (905) 569-1384
Party: Coachman Insurance Company
Counsel
13th Floor
20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 777-5222
FAX: (416) 777-2050
Email: egrossman@ztgh.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Financial Services Commission of Ontario
Counsel
Legal Services Branch
5160 Yonge Street, 17th Floor
Toronto, Ontario
Telephone: (416) 250-7250
FAX: (416) 590-7070
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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.
Baljit Kumar, a taxicab driver, was assaulted by a passenger as part of an attempted robbery, following which his taxicab rolled into a ditch. Mr. Kumar applied for statutory benefits payable under the Statutory Accident Benefits Schedule – Accidents on or after November 1, 1996, O.Reg. 403/96, as amended. Coachman Insurance Company, denied payment of the statutory benefits on the basis that he was not involved in, and his injuries did not result from, an “accident” within the meaning of s. 2(1) of the Schedule. An arbitrator appointed by the Financial Services Commission of Ontario (“FSCO”) found in favour of the insurer. The decision of the Arbitrator was confirmed on appeal by the FSCO Director’s Delegate. Both decisions were upheld on judicial review by the Ontario Superior Court of Justice (Divisional Court). Leave to appeal was refused by the Ontario Court of Appeal.
Lower court rulings
Court of Appeal for Ontario
M31437
Applicant's application for leave to appeal, dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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
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