Case information
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31228
Daniel Fulsang v. Carol Snushall
(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) |
|---|---|---|
| 2006-03-15 | Close file on Leave | |
| 2006-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-03-10 | Judgment on leave sent to the parties | |
| 2006-03-09 |
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 C40232, dated September 27, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2006-02-13 | All materials on application for leave submitted to the Judges, LeB F Abe | |
| 2006-02-01 |
Decision on motion to extend time, to serve and file the respondent's response to Jan. 24/06, Reg Granted |
|
| 2006-02-01 | Submission of motion to extend time, Reg | |
| 2006-02-01 | Applicant's reply to respondent's argument, Completed on: 2006-02-01 | Daniel Fulsang |
| 2006-02-01 | Response to motion to extend time, (Letter Form), from E. Sigurdson dated Jan. 30, 2006 (fax copy), Completed on: 2006-02-01 | Daniel Fulsang |
| 2006-01-31 | Motion to extend time, to file the response to Jan. 24, 2006 (book form), Completed on: 2006-01-31 | Carol Snushall |
| 2006-01-24 | Respondent's response on the application for leave to appeal, Completed on: 2006-01-31 | Carol Snushall |
| 2005-11-29 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-11-25 | Notice of change of solicitor, (Eric T. Sigurdson, previously R. D. Rollo in C.A.) | Daniel Fulsang |
| 2005-11-25 | Application for leave to appeal, (C/A order and judgment (official version) rec'd on Dec. 7, 2005 ), Completed on: 2005-12-08 | Daniel Fulsang |
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 |
|---|---|---|
| Fulsang, Daniel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Snushall, Carol | Respondent | Active |
Counsel
Party: Fulsang, Daniel
Counsel
439 University Avenue
Suite 1200
Toronto, Ontario
M5G 1Y8
Telephone: (416) 599-3330
FAX: (416) 599-7439
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Snushall, Carol
Counsel
141 Adelaide Street West
Suite 1400
Toronto, Ontario
M5H 3L5
Telephone: (416) 214-2400
FAX: (416) 214-9994
Email: jstrype@strype.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.
Torts - Motor Vehicles - Assessment - Apportionment for contributory negligence by injured party - Failure to wear seat belt - - Whether Court of Appeal erred in overturning apportionment for contributory negligence - Whether Court of Appeal erred by arbitrarily creating new policy and law that the upper limit of the range for contributory negligence for failure to wear a seatbelt is 25% and most cases fall between 5% and 10% - Whether the issue of a cap on contributory negligence for not wearing a seatbelt should be addressed by the Legislature - Whether an apportionment in excess of 25% for contributory negligence for failure to wear a seatbelt is unreasonable and ought not to be a possibility - Whether the Court of Appeal’s decision is inconsistent with other judicial decisions - Whether the Court of Appeal determined that most cases fall into the lower end of the range without supporting evidence - Whether Court of Appeal erred with respect to appropriate jury instructions.
Daniel Fulsang drove his car into the rear of George Vetzal’s car. Carol Snushall, a passenger in Fulsang’s car, was injured. She was wearing a lap belt as required by statute. She was not wearing an optional shoulder belt available in Fulsang’s car and she was not statutorily required to wear the optional shoulder belt. The jury apportioned contributory negligence to Snushall at 35%. The Court of Appeal lowered the apportionment to 5% and held that there should be an upper cap of 25% on apportionments to injured parties for contributory negligence by failure to wear a seat belt.
Lower court rulings
Ontario Superior Court of Justice
98-CV-154499
Respondent Snushall awarded damages of $862,245; Snushall found 35% contributorily negligent; Respondent Vetzal found 20% liable and Applicant Fulsang found 80% liable
Court of Appeal for Ontario
C40232
Snushall's appeal allowed and apportionment for contributory negligence reduced to 5%; Vetzal's 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.
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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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