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.
31083
Citadel General Assurance Company v. Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam, 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) |
|---|---|---|
| 2007-11-02 | Appeal closed | |
| 2007-10-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-10-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-10-19 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C42343, dated June 7, 2005, heard on December 11, 2006, is allowed and, in the circumstances, all parties will bear their own costs in all courts. Allowed, with costs |
|
| 2006-12-27 | Transcript received, (65 pages) | |
| 2006-12-11 | Judgment reserved OR rendered with reasons to follow | |
| 2006-12-11 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-12-11 |
Hearing of the appeal, 2006-12-11, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-11-29 | Notice of appearance, Geoffrey D.E. Adair and Robert Ben will be present at the hearing. | Citadel General Assurance Company |
| 2006-11-23 | Notice of appearance, Stanley Tessis and Melanie Malach will be present at the hearing. | Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam |
| 2006-10-25 | Intervener's book of authorities, Completed on: 2006-10-25 | Insurance Bureau of Canada |
| 2006-10-25 | Intervener's factum, (New CD rec'd Nov. 1/06), Completed on: 2006-11-02 | Insurance Bureau of Canada |
| 2006-10-25 |
Order by, Abe, FURTHER TO THE ORDER of Abella J. dated August 30, 2006, granting leave to intervene to the Insurance Bureau of Canada; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-08-30 | Order on motion for leave to intervene, (BY ABELLA J.) | |
| 2006-08-30 |
Decision on the motion for leave to intervene, Abe, The motion for leave to intervene of the applicant, the Insurance Bureau of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or 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 respondents any additional disbursements occasioned to the appellant and respondents by its intervention. Granted |
|
| 2006-08-30 | Submission of motion for leave to intervene, Abe | |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 | Respondent's record, Completed on: 2006-08-21 | Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam |
| 2006-08-21 | Respondent's book of authorities, Completed on: 2006-08-21 | Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam |
| 2006-08-21 | Respondent's factum, Completed on: 2006-08-21 | Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam |
| 2006-08-21 |
Appeal hearing scheduled, 2006-12-11, (previously Oct. 20, Dec. 5 and Nov. 14 and 17/06) Judgment reserved |
|
| 2006-08-10 | Order on motion to extend time | |
| 2006-08-10 |
Decision on motion to extend time, LeB, to serve and file the respondents' factum, record and authorities to August 23/06 and to present oral argument at the hearing of the appeal Granted |
|
| 2006-08-09 | Submission of motion to extend time, LeB | |
| 2006-08-08 | Appeal perfected for hearing | |
| 2006-08-03 | Response to motion to extend time, (Letter Form), from Marcela A. Saitua dated Aug. 2/06, Completed on: 2006-08-03 | Citadel General Assurance Company |
| 2006-08-03 | Motion to extend time, to file the respondents' factum, record and authorities to Aug. 23/06 and to permit oral argument at the hearing of the appeal, Completed on: 2006-08-03 | Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam |
| 2006-07-25 | Response to the motion for leave to intervene, (Letter Form), from Lang Michener re: consent to the intervention of Insurance Bureau of Canada, Completed on: 2006-07-25 | Citadel General Assurance Company |
| 2006-07-11 | Motion for leave to intervene, 3 copies - book form, Completed on: 2006-07-11 | Insurance Bureau of Canada |
| 2006-06-13 | Appellant's book of authorities, Completed on: 2006-06-13 | Citadel General Assurance Company |
| 2006-06-13 | Appellant's record, Completed on: 2006-06-13 | Citadel General Assurance Company |
| 2006-06-13 | Appellant's factum, Completed on: 2006-06-13 | Citadel General Assurance Company |
| 2006-04-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-03-20 | Notice of appeal, Angelita O. Bernal, Completed on: 2006-03-20 | Citadel General Assurance Company |
| 2006-02-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-02-17 | Judgment on leave sent to the parties | |
| 2006-02-16 |
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 C42343, dated June 7, 2005, is granted with costs to the Applicant in any event of the cause. Granted, with costs |
|
| 2005-12-21 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-10-04 | Respondent's response on the application for leave to appeal, Completed on: 2005-10-04 | Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam |
| 2005-09-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-09-06 | Application for leave to appeal, (served Sept. 2/05 at 5:10 p.m.), Completed on: 2005-09-06 | Citadel General Assurance Company |
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 |
|---|---|---|
| Citadel General Assurance Company | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam | Respondent | Active |
| Chandra Vytlingam and Suzana Vytlingam | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Insurance Bureau of Canada | Intervener | Active |
Counsel
Party: Citadel General Assurance Company
Counsel
Marcela A. Saitua
Robert Ben
One Queen Street East
Suite 1800
Toronto, Ontario
M5C 2W5
Telephone: (416) 863-1230
FAX: (416) 863-1241
Email: gadair@adairmorse.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Michael Vytlingam by his Litigation Guardian, Chandra Vytlingam
Counsel
Melanie C. Malach
390 Bay Street
Suite 200
Toronto, Ontario
M5H 2B1
Telephone: (416) 363-2353 Ext: 229
FAX: (416) 363-7112
Email: stessis@lgslaw.com
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: Chandra Vytlingam and Suzana Vytlingam
Counsel
Melanie C. Malach
390 Bay Street
Suite 200
Toronto, Ontario
M5H 2B1
Telephone: (416) 363-2353 Ext: 229
FAX: (416) 363-7112
Email: stessis@lgslaw.com
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: Insurance Bureau of Canada
Counsel
Danielle K. Royal
5300 Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5204
FAX: (416) 947-0866
Email: adsilva@stikeman.com
Agent
50 O'Connor Street
Suite 1600
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0541
FAX: (613) 230-8877
Email: jwhitehead@stikeman.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.
Todd Farmer and Anthony Raynor, who are not parties to this appeal, devised a plan to drop boulders from an overpass bridge into the path of oncoming vehicles travelling on the highway below.
Messrs. Farmer and Raynor drove in Mr. Farmer’s automobile to a service road where they put boulders into the vehicle. Mr. Farmer then drove his vehicle to the bridge. Mr. Raynor dropped one boulder off the bridge, striking the car driven by the Respondent Michael Vytlingam. The two men re-entered Mr. Farmer’s vehicle and fled the scene.
The Respondent Michael Vytlingam was gravely injured. The Respondents Chandra Vytlingam and Suzana Vytlingam suffered psychological injuries.
Mr. Farmer’s motor vehicle liability policy had limits of $25,000 USD, being an amount inadequate to compensate Michael Vytlingam for his injuries. The Respondents brought an action against the Citadel General Assurance Company, under an automobile insurance policy issued to Chandra Vytlingam, claiming that they were entitled to recover pursuant to the Insuring Agreement of the OPCF 44R Family Protection Coverage endorsement. Citadel filed a notice of motion for summary judgment against the Vytlingams. The Appellant’s motion for summary judgment was dismissed and the Respondents were entitled to recover damages pursuant to their insurance policy with the Appellant. On appeal, the appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
01-CV-205681
Applicant's motion for summary judgment dismissed; Respondent entitled to recover damages pursuant to their insurance policy with the Applicant
Court of Appeal for Ontario
C42343
Appeal dismissed
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