Case information
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31831
Bella Sargsyan v. Westman Regional Laboratory Services Inc., et al.
(Manitoba) (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) |
|---|---|---|
| 2007-06-22 | Close file on Leave | |
| 2007-06-22 | Certificate of taxation issued to, D. Swayze of Meighen, Haddad | |
| 2007-06-15 | Decision on the bill of costs, taxed at the amount of $1,003.16, DeRg | |
| 2007-06-12 | Submission of the bill of costs, DeRg | |
| 2007-06-07 | Bill of costs, (revised)(previously filed on May 28, 2007), Completed on: 2007-06-07 | Westman Regional Laboratory Services Inc. |
| 2007-05-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-05-18 | Judgment on leave sent to the parties | |
| 2007-05-17 |
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 of Manitoba, Number AI 06-30-06475, 2006 MBCA 141, dated November 20, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2007-04-16 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2007-02-16 | Respondent's response on the application for leave to appeal, Service missing - Received on February 21, 2007, Completed on: 2007-02-22 | Westman Regional Laboratory Services Inc. |
| 2007-01-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-01-18 | Application for leave to appeal, Completed on: 2007-01-18 | Bella Sargsyan |
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 |
|---|---|---|
| Sargsyan, Bella | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Westman Regional Laboratory Services Inc. | Respondent | Active |
| Smith, Robin | Respondent | Active |
Counsel
Party: Sargsyan, Bella
This party is not represented by counsel.
Party: Westman Regional Laboratory Services Inc.
Counsel
P.O. Box 22015
110 - 11th Street
Brandon, Manitoba
R7A 6Y9
Telephone: (204) 727-8461
FAX: (204) 726-1928
Email: deswayze@mhlaw.ca
Party: Smith, Robin
Counsel
P.O. Box 22015
110 - 11th Street
Brandon, Manitoba
R7A 6Y9
Telephone: (204) 727-8461
FAX: (204) 726-1928
Email: deswayze@mhlaw.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.
Civil procedure - Costs - Whether the appellate court erred in dismissing an appeal of an Order for security for costs - Whether the Applicant should be ordered to pay security for costs in the circumstances of this case.
The Applicant lost her job as a registered medical laboratory technologist with the corporate Respondent. The Applicant made allegations amounting to unjust dismissal and discrimination, and commenced an action in damages asking for $850,000.00, plus an apology. She also filed a complaint with the Manitoba Human Rights Commission. The Respondents claim the Applicant was dismissed because she stopped showing up for work. It defended the action by arguing that the court lacked jurisdiction to hear the matter, given the grievance mechanism available under the collective agreement between the Manitoba Government and General Employees Union and Westman Regional Laboratories Inc. The Applicant was a probationary employee covered by that agreement
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 05.02.01415, 2005 MBQB 206
Court found to be without jurisdiction, therefore Applicant's statement of claim dismissed for failing to disclose a reasonable cause of action
Court of Queen’s Bench of Manitoba
CI 05-02-01415
Appeal dismissed
Court of Appeal of Manitoba
AI06-30-06355, 2006 MBCA 85
Respondents' application for security for costs granted; Appeal proceedings stayed until Applicant complies with order to pay $2,000 in costs
Court of Appeal of Manitoba
AI 06-30-06475, 2006 MBCA 141
Appeal from decision of Scott C.J.M. 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
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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
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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
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