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.
33857
Qi Guo, et al. v. David Charles Skinner
(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) |
|---|---|---|
| 2011-02-22 | Close file on Leave | |
| 2011-02-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-02-04 | Judgment on leave sent to the parties | |
| 2011-02-03 |
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 CA037586, 2010 BCCA 321, dated June 25, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2010-12-20 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-11-25 | Order on motion to extend time | |
| 2010-11-25 |
Decision on motion to extend time, to serve and file the response, Reg Granted |
|
| 2010-11-25 | Submission of motion to extend time, Reg | |
| 2010-11-25 | Response to motion to extend time, CONSENT, Completed on: 2010-11-25 | Qi Guo |
| 2010-11-05 | Motion to extend time, To serve and file the response, Completed on: 2010-11-05 | David Charles Skinner |
| 2010-11-05 | Respondent's response on the application for leave to appeal, Completed on: 2010-11-05 | David Charles Skinner |
| 2010-09-24 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2010-09-23 | Application for leave to appeal, Service missing (rec'd Sept.29/10) Final Order rec`d Oct.7/10), Completed on: 2010-09-29 | Qi Guo |
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 |
|---|---|---|
| Guo, Qi | Applicant | Active |
| Min Ying Fu | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Skinner, David Charles | Respondent | Active |
Counsel
Party: Guo, Qi
Counsel
700 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 638-7500
FAX: (604) 685-7501
Email: sstewart@stewartandco.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Min Ying Fu
Counsel
700 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 638-7500
FAX: (604) 685-7501
Email: sstewart@stewartandco.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Skinner, David Charles
Counsel
Anthony Troy McLelan
808 Nelson Street, Suite 1512
PO Box 12158, Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 689-8888
FAX: (604) 684-1881
Email: marcoux@simpsonthomas.com
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
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.
Torts – Motor Vehicles – Accident - Liability - Respondent’s vehicle striking Applicant's vehicle from the rear while Applicant's vehicle stationary on highway - Whether court of appeal erred in ruling that the trial judge employed a last-clear-chance analysis and should have focused on the but-for test - Whether doctrine of “proximate cause” requires clarification
Mr Skinner was driving his motor vehicle at night on a divided highway when he was passed by another vehicle driven by Mr. Guo. Some distance ahead, Mr. Guo’s vehicle came to a complete stop in the far right lane. His tail lights were on but he had not activated the turn signal or his emergency flashers. Mr. Skinner did not observe Mr. Quo’s vehicle was stationary in sufficient time to stop his own. He slammed on the brakes but collided into the rear end of Mr. Quo’s vehicle. Mr. Quo did not appear at the subsequent trial, and had not appeared to be examined for discovery. The trial judge found that he could determine the issue of liability based on Mr. Skinner’s evidence alone in a summary trial proceeding.
Lower court rulings
Supreme Court of British Columbia
M082571, 2009 BCSC 1828
Respondent's action for damages dismissed
Court of Appeal for British Columbia (Vancouver)
CA037586, 2010 BCCA 321
Appeal allowed; new trial ordered
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