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.
31590
Suzette F. Juman also known as Suzette McKenzie v. Jade Kathleen Ledenko Doucette, by her litigation guardian Greg Bertram, et al.
(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) |
|---|---|---|
| 2008-03-07 | Appeal closed | |
| 2008-03-07 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-03-07 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-03-06 |
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 British Columbia (Vancouver), Number CA032869, 2006 BCCA 262, dated May 29, 2006, heard on November 15, 2007, is allowed with costs to the appellant both in this Court and in the courts below. Allowed, costs against the appellant |
|
| 2007-11-30 | Transcript received, (59 pages) | |
| 2007-11-15 | Judgment reserved OR rendered with reasons to follow | |
| 2007-11-15 | Respondent's condensed book, submitted in Court (14 copies) | Chief Constable of the Vancouver Police Department |
| 2007-11-15 | Respondent's condensed book, submitted in Court (14 copies) | Attorney General of Canada |
| 2007-11-15 | Respondent's condensed book, submitted in Court (14 copies) | Attorney General of British Columbia |
| 2007-11-15 | Appellant's condensed book, submitted in Court (14 copies) | Suzette F. Juman also known as Suzette McKenzie |
| 2007-11-15 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2007-11-15 |
Hearing of the appeal, 2007-11-15, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-11-13 |
Correspondence received from, Jeffrey Beedell dated Nov. 12/07 together with copies of Finney v. Barreau du Québec (sent to the Court Nov. 14/07) |
Suzette F. Juman also known as Suzette McKenzie |
| 2007-11-09 | Correspondence received from, Jeffrey Beedell dated Nov. 7/07 together with copies of Braun (Trustee of) v. Braun (sent to the Court Nov. 13/07) | Suzette F. Juman also known as Suzette McKenzie |
| 2007-11-07 | Correspondence received from, Jeffrey Beedell dated Nov. 7/07 (see letter filed Nov. 9/07) | Suzette F. Juman also known as Suzette McKenzie |
| 2007-10-31 | Correspondence received from, R. Brian Webster (dated October 31/17), re.: instructions are not to proceed with an application to put letter of Sept. 28/07 before the Court (DO NOT DISTRIBUTE) | Jade Kathleen Ledenko Doucette, by her litigation guardian Greg Bertram |
| 2007-10-31 | Respondent's book of authorities, (Supplemental) (Service missing-rec'd Nov.1/07), Completed on: 2007-11-01 | Attorney General of British Columbia |
| 2007-10-29 | Notice of appearance, Michael Morris will be present at the hearing. | Attorney General of Canada |
| 2007-10-23 | Correspondence received from, Henry Brown dated October 23, 2007. Re: Time allocation at hearing | Chief Constable of the Vancouver Police Department |
| 2007-10-05 | Notice of appearance, Brian Ross and Karen Weslowski will be present at the hearing. | Suzette F. Juman also known as Suzette McKenzie |
| 2007-10-05 | Correspondence received from, Brian T. Ross dated Oct. 5/07 in response to Mr. Webster's letter of Sept. 28/07 | Suzette F. Juman also known as Suzette McKenzie |
| 2007-10-05 | Correspondence received from, R. Brian Webster, Q.C. dated Sept. 28/07 re: correction of the facts set out in the factums (DO NOT DISTRIBUTE) | Jade Kathleen Ledenko Doucette, by her litigation guardian Greg Bertram |
| 2007-10-02 | Notice of appearance, Edward Gouge and Natalie Barnes will be present at the hearing. | Attorney General of British Columbia |
| 2007-09-06 | Notice of withdrawal | Attorney General for Ontario |
| 2007-09-04 | Correspondence received from, Sara Blake dated Sept. 4/07 re: A.G. Ont. withdraws its intervention | Attorney General for Ontario |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-11-15 Judgment reserved |
|
| 2007-07-27 | Discontinuance of the bill of costs | Suzette F. Juman also known as Suzette McKenzie |
| 2007-07-11 | Letter sent to Intervener(s) | |
| 2007-07-11 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2007-07-11 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, Attorney General of Ontario, 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 |
|
| 2007-07-11 | Submission of motion for leave to intervene, LeB | |
| 2007-07-09 | Notice of appearance, Karen Liang will be present at the hearing. | Chief Constable of the Vancouver Police Department |
| 2007-07-05 | Bill of costs, Completed on: 2007-07-10 | Suzette F. Juman also known as Suzette McKenzie |
| 2007-06-29 | Respondent's book of authorities, (Vol. I and II), Completed on: 2007-06-29 | Attorney General of British Columbia |
| 2007-06-29 | Respondent's factum, Completed on: 2007-06-29 | Attorney General of British Columbia |
| 2007-06-29 | Respondent's book of authorities, Completed on: 2007-06-29 | Attorney General of Canada |
| 2007-06-29 | Respondent's factum, Completed on: 2007-06-29 | Attorney General of Canada |
| 2007-06-29 | Respondent's book of authorities, new table of contents served and filed on July 20, 07, Completed on: 2007-06-29 | Chief Constable of the Vancouver Police Department |
| 2007-06-29 | Respondent's factum, (1 copy to follow - rec'd July 12, 07), Completed on: 2007-06-29 | Chief Constable of the Vancouver Police Department |
| 2007-06-29 | Appeal perfected for hearing | |
| 2007-06-12 | Response to the motion for leave to intervene, (Letter Form), AGC does not oppose the intervention of the AGON, Completed on: 2007-06-12 | Attorney General of Canada |
| 2007-06-08 | Response to the motion for leave to intervene, (Letter Form), from K. Liang dated June 8, 2007 (fax copy), Completed on: 2007-06-08 | Chief Constable of the Vancouver Police Department |
| 2007-06-08 | Response to the motion for leave to intervene, (Letter Form), P. Landry dated June 8/07 (by fax) re: respondent A. G. of British Columbia has no objections, Completed on: 2007-06-08 | Attorney General of British Columbia |
| 2007-06-08 | Response to the motion for leave to intervene, (Letter Form), from Lang Michener re: appellant takes no position, Completed on: 2007-06-07 | Suzette F. Juman also known as Suzette McKenzie |
| 2007-06-01 | Motion for leave to intervene, book form, Completed on: 2007-06-01 | Attorney General for Ontario |
| 2007-05-07 | Correspondence received from, M. Morris, by fax, change of counsel | Attorney General of Canada |
| 2007-05-04 | Appellant's book of authorities, Completed on: 2007-05-04 | Suzette F. Juman also known as Suzette McKenzie |
| 2007-05-04 | Appellant's record, Completed on: 2007-05-04 | Suzette F. Juman also known as Suzette McKenzie |
| 2007-05-04 | Appellant's factum, Completed on: 2007-05-04 | Suzette F. Juman also known as Suzette McKenzie |
| 2007-02-09 | Notice of appeal, Completed on: 2007-02-09 | Suzette F. Juman also known as Suzette McKenzie |
| 2007-02-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-01-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-01-26 | Judgment on leave sent to the parties | |
| 2007-01-25 |
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 British Columbia (Vancouver), Number CA032869, 2006 BCCA 262, dated May 29, 2006, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2006-12-14 | Correspondence received from, Brian T. Ross dated Dec. 14/06 re: still wishes leave be considered by the Court (sent to the Court Dec. 14/06) | Suzette F. Juman also known as Suzette McKenzie |
| 2006-12-13 | Correspondence received from, Brian T. Ross dated Dec. 12/06 re: material change that affects the record (sent to the Court on Dec. 13/06) | Suzette F. Juman also known as Suzette McKenzie |
| 2006-11-06 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-10-06 | Applicant's reply to respondent's argument, Reply to Attorney General of British Columbia, Completed on: 2006-10-06 | Suzette F. Juman also known as Suzette McKenzie |
| 2006-10-06 | Applicant's reply to respondent's argument, Reply to the Attorney General of Canada, Completed on: 2006-10-06 | Suzette F. Juman also known as Suzette McKenzie |
| 2006-10-06 | Applicant's reply to respondent's argument, Reply to the Chief Constable of the Vancouver Police Department, Completed on: 2006-10-06 | Suzette F. Juman also known as Suzette McKenzie |
| 2006-09-27 | Respondent's response on the application for leave to appeal, Completed on: 2006-09-27 | Chief Constable of the Vancouver Police Department |
| 2006-09-27 | Respondent's response on the application for leave to appeal, service missing on Respondent Jade Kathleen Ledenko Doucette - rec'd on Oct. 2/06, Completed on: 2006-10-02 | Attorney General of British Columbia |
| 2006-09-27 | Correspondence received from, S. E. Roussel dated Sept. 26/06 re: is acting as agent for the Attorney General of British Columbia (by fax) | Attorney General of British Columbia |
| 2006-09-26 | Respondent's response on the application for leave to appeal, (service missing on Resp. AGBC- rec'd Sept 29/06), Completed on: 2006-10-02 | Attorney General of Canada |
| 2006-09-01 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-08-28 | Application for leave to appeal, (service missing on 2 parties - rec'd Aug. 30/06 - SCBC and CA Judgments not signed - rec'd Sept 1/06 - CA Order missing - rec'd Sept. 13/06), Completed on: 2006-09-13 | Suzette F. Juman also known as Suzette McKenzie |
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 |
|---|---|---|
| Suzette F. Juman also known as Suzette McKenzie | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Jade Kathleen Ledenko Doucette, by her litigation guardian Greg Bertram | Respondent | Active |
| Chief Constable of the Vancouver Police Department | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
| Attorney General of British Columbia | Respondent | Active |
Counsel
Party: Suzette F. Juman also known as Suzette McKenzie
Counsel
Karen L. Weslowski
Rosanne Kyle
1000-840 Howe Street
Vancouver, British Columbia
V6Z 2M1
Telephone: (604) 687-2242
FAX: (604) 643-1200
Email: bross@millerthomson.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Jade Kathleen Ledenko Doucette, by her litigation guardian Greg Bertram
Counsel
Daniel F. Corrin
#550-5900 No. 3 Road
Richmond, British Columbia
V6X 3P7
Telephone: (604) 713-8034
FAX: (604) 713-8038
Email: webster@braininjurylaw.ca
Agent
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8220
FAX: (613) 788-3698
Party: Chief Constable of the Vancouver Police Department
Counsel
453 West 12th Avenue
Vancouver, British Columbia
V5Y 1V4
Telephone: (604) 873-7512
FAX: (604) 873-7445
Email: karen.liang@vancouver.ca
Agent
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: Attorney General of British Columbia
Counsel
Natalie Hepburn Barnes
3rd Floor, 1001 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 537-2456
FAX: (250) 356-8653
Email: edward.gouge@gov.bc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Canada
Counsel
Michael H. Morris
Sandra Nishikawa
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
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
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.
Civil procedure - Discovery - Charter of Rights - Fundamental justice - Right to remain silent - Does the implied undertaking of confidentiality prevent parties or solicitors in civil proceedings from disclosing discovery evidence to police without consent or a court order - Can police use their investigative powers to obtain discovery evidence that is otherwise protected by an implied undertaking - Are parties' s. 7 Charter rights engaged if discovery evidence is released to police.
Jade Doucette was 16 months old when she suffered a brain injury. She and her parents sued the owners and operators of a day-care centre for damages, alleging that her injury resulted from negligent care and that the Applicant caused or contributed to Jade's injury. The Vancouver Police Department was investigating the injury and the Attorney General of British Columbia wanted the transcripts of the Applicant's examination for discovery made available to the police to further investigate whether a crime had been committed. The Applicant brought a motion to prohibit the parties from providing the transcripts of discovery to the police. She relies upon the implied undertakings imposed by law on parties to a civil action restricting the use of discovery evidence to the purposes of the civil case. The AGBC opposed the application and sought an order varying the legal undertaking to permit release of the transcripts to police.
Lower court rulings
Supreme Court of British Columbia
S036117; 2005 BCSC 400
Declaration granted that Respondents are under legal obligation not to cause breach of civil parties' undertakings; Motion to vary undertaking so transcripts of examination for discovery are available to police, dismissed
Court of Appeal for British Columbia (Vancouver)
CA032869, 2006 BCCA 262
Appeal allowed; Declaration set aside
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