Case information
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31860
Menno Wiebe v. Her Majesty the Queen in Right of Canada, as represented by the Attorney General of Canada
(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) |
|---|---|---|
| 2007-06-27 | Close file on Leave | |
| 2007-06-27 | Certificate of taxation issued to, D. Davis | |
| 2007-06-26 | Decision on the bill of costs, taxed at the amount of $1,610.20, DeRg | |
| 2007-06-22 | Submission of the bill of costs, DeRg | |
| 2007-06-15 | Bill of costs, Completed on: 2007-06-15 | Her Majesty the Queen in Right of Canada, as represented by the Attorney General of Canada |
| 2007-05-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-05-11 | Judgment on leave sent to the parties | |
| 2007-05-10 |
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 AI06-30-06334, 2006 MBCA 159, dated December 15, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2007-04-16 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2007-03-08 | Respondent's response on the application for leave to appeal, Completed on: 2007-03-08 | Her Majesty the Queen in Right of Canada, as represented by the Attorney General of Canada |
| 2007-02-27 | Correspondence received from, D. Troniak, by fax, Certificate of Decision CA, original rec'd March 14/07 | Menno Wiebe |
| 2007-02-14 | Correspondence received from, Mr. Troniak, by fax, reply to the Court's letter re: Draft CA Order | Menno Wiebe |
| 2007-02-08 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2007-02-07 | Application for leave to appeal, Completed on: 2007-02-07 | Menno Wiebe |
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 |
|---|---|---|
| Wiebe, Menno | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada, as represented by the Attorney General of Canada | Respondent | Active |
Counsel
Party: Wiebe, Menno
Counsel
1520-444 St.-Mary Avenue
Winnipeg, Manitoba
R3C 3T1
Telephone: (204) 947-1743
FAX: (204) 947-0101
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen in Right of Canada, as represented by the Attorney General of Canada
Counsel
Joel I. Katz
Regional Office Winnipeg
301-310 Broadway
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 983-6584
FAX: (204) 984-1350
Email: darin.davis@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
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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 - Negligence - Prisons - Standard of care - Foreseeability - Causation - Standard of care owed by prison authorities to inmates - Appropriate test in determining whether a risk of physical injury to an inmate was foreseeable - Whether "but for" test of causation met.
The Applicant, an inmate at a federal minimum security penitentiary, suffered serious injuries when he was assaulted by a fellow inmate. He brought an action in damages against the Respondent, alleging that the corrections officers had failed in their duty to take reasonable care for his safety while in custody, that they should have known about the escalating tension in his house and taken action, and that their failure to take action contributed to the assault on his person. The trial judge found the Respondent liable in negligence. The Court of Appeal allowed the Respondent's appeal.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 02-01-26529, 2006 MBQB 5
Liability part of Applicant's claim allowed
Court of Appeal of Manitoba
AI06-30-06334, 2006 MBCA 159
Appeal allowed
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