Case information
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30889
Viviane Roy, et al. v. The Attorney General of British Columbia
(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) |
|---|---|---|
| 2005-09-08 | Close file on Leave | |
| 2005-08-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-19 | Judgment on leave sent to the parties | |
| 2005-08-18 |
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 CA030010, 2005 BCCA 88, dated February 18, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-07-11 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-05-26 | Applicant's reply to respondent's argument, Completed on: 2005-05-26 | Viviane Roy |
| 2005-05-17 | Respondent's response on the application for leave to appeal, Completed on: 2005-05-17 | The Attorney General of British Columbia |
| 2005-04-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-04-18 | Application for leave to appeal, Form 25B missing - rec'd April 19, 2005, Completed on: 2005-04-19 | Viviane Roy |
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 |
|---|---|---|
| Roy, Viviane | Applicant | Active |
| Eric Segbefia, Stephane Segbefia and Tania Segbefia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Attorney General of British Columbia | Respondent | Active |
Counsel
Party: Roy, Viviane
Counsel
1600 -1095 West Pender Street
Vancouver, British Columbia
V6E 2M6
Telephone: (604) 443-1242
FAX: (604) 685-6494
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Eric Segbefia, Stephane Segbefia and Tania Segbefia
Counsel
1600 -1095 West Pender Street
Vancouver, British Columbia
V6E 2M6
Telephone: (604) 443-1242
FAX: (604) 685-6494
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: The Attorney General of British Columbia
Counsel
657 West 37th Avenue
Vancouver, British Columbia
V5Z 1K6
Telephone: (604) 264-2835
FAX: (604) 264-2818
Agent
Bank of Canada Building - East Tower
1216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
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.
On December 17, 1998, Germain Roy, who was in a severely intoxicated state and incoherent at the time, was arrested by RCMP officers from the White Rock detachment and taken into custody. At the time of the arrest, Mr. Roy had no sign of external injuries. Within less than one-half hour of being placed in the “drunk tank”, Mr. Roy was found not to be breathing and an ambulance was summoned. Mr. Roy was pronounced dead upon arrival at the Peace Arch Hospital. Mr. Roy’s wife and step children brought an action under the Family Compensation Act, R.S.B.C. 1996, c. 126, against the RCMP for negligence, alleging failure on their part to seek proper medical treatment for Mr. Roy. The family sought damages for loss of guidance, loss of financial support, and loss of household services. At trial, negligence was found and liability was apportioned at 50% against Mr. Roy and 50% against the Attorney General of British Columbia on behalf of the RCMP. The British Columbia Court of Appeal allowed the appeal.
Lower court rulings
Supreme Court of British Columbia
C993804, 2002 BCSC 1021
Applicant's action in damages for loss of guidance, financial support and household services pursuant to the Family Compensation Act R.SB.C. 1996, c. 126, granted; liability apportioned at 50% to Mr. Roy and to the RCMP
Court of Appeal for British Columbia (Vancouver)
CA030010, 2005 BCCA 88
Respondent's appeal, allowed
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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