Case information
Consult our database for details on a Supreme Court of Canada case.
33233
William Joseph Richard, et al. v. Her Majesty the Queen in Right of the Province of British Columbia
(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) |
|---|---|---|
| 2010-07-05 | Close file on Leave | |
| 2010-07-05 | Reconsideration not accepted for filing, (documents returned) | |
| 2010-06-16 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2010-06-15 | Motion for reconsideration of the application for leave to appeal, (joint with an extension of time), Completed on: 2010-06-15 | William Joseph Richard |
| 2009-11-05 | Close file on Leave | |
| 2009-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-10-30 | Judgment on leave sent to the parties | |
| 2009-10-29 |
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 CA035869, 2009 BCCA 185, dated April 30, 2009, is dismissed. Dismissed |
|
| 2009-09-14 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-08-21 | Applicant's reply to respondent's argument, Completed on: 2009-08-21 | William Joseph Richard |
| 2009-08-11 | Respondent's response on the application for leave to appeal, Completed on: 2009-08-11 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-06-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2009-06-29 | Book of authorities | William Joseph Richard |
| 2009-06-29 | Application for leave to appeal, Court of Appeal Order (draft order recvd 20 July/09) - Formal Order rec'd July 22/09, Completed on: 2009-07-20 | William Joseph Richard |
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 |
|---|---|---|
| Richard, William Joseph | Applicant | Active |
| W.H.M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of British Columbia | Respondent | Active |
Counsel
Party: Richard, William Joseph
Counsel
Bruce Elwood
David A. Klein
Shaune J. Tucker
1350 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: W.H.M.
Counsel
Bruce Elwood
David A. Klein
Shauna J. Tucker
1350 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Her Majesty the Queen in Right of the Province of British Columbia
Counsel
Karen Horsman
Ward K. Branch
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
FAX: (604) 660-3567
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
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.
(Publication ban on party)
Crown law - Crown liability - Crown liability for alleged tortious acts committed prior to enactment of the Crown Proceedings Act - Claims of children confined to residential schools or mental health institutions for acts committed prior to Crown proceedings legislation -Whether Crown immunity bars an action in damages for breach of fiduciary duty dating prior to the Crown proceedings statutes - How should judges interpret and apply the common law to bring it into step with basic constitutional principles?
In class action proceedings involving the residents of Woodlands School in New Westminster, British Columbia, which was operated by the Crown for disabled children, the Crown sought to have the class definition and common issues in the certification order amended. The certification order issued on March 17, 2005. The class action included all residents who had attended the school and while there, suffered physical, sexual, emotional and/or psychological abuse. The Crown sought an amendment that would bar all claims occurring before August 1, 1974, the date that the British Columbia Crown Proceedings Act came into force, on the basis that the Crown was immune to any actions for torts committed by its servants prior to that date.
Lower court rulings
Supreme Court of British Columbia
S024338
Crown's motion to amend certification order by adding reference to date on which Crown Proceedings Act came into force granted
Court of Appeal for British Columbia (Vancouver)
CA035869, 2009 BCCA 185
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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