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.
33893
Sasha Safai, a minor under the age of 18 years by his Litigation Guardian, Leslie Anne Wilkes, et al. v. Bruce N. Huntley Contracting Limited, et al.
(Ontario) (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) |
|---|---|---|
| 2011-05-11 | Close file on Leave | |
| 2011-05-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-05-06 | Judgment on leave sent to the parties | |
| 2011-05-05 |
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 Ontario, Number C51024, 2010 ONCA 545, dated August 6, 2010, is dismissed with costs to the respondents and the application for leave to cross-appeal is dismissed without costs as being moot. Dismissed, with costs |
|
| 2011-05-05 |
Judgment of the Court on the application for leave to cross-appeal Dismissed, without costs |
|
| 2011-03-31 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2011-03-31 | All material on the application for leave to cross-appeal submitted to the Judges, Bi F Ro | |
| 2010-12-03 | Memorandum of argument in response to the cross-appeal, Included in the reply, Completed on: 2010-12-03 | Sasha Safai, a minor under the age of 18 years by his Litigation Guardian, Leslie Anne Wilkes |
| 2010-12-03 | Applicant's reply to respondent's argument, Completed on: 2010-12-03 | Sasha Safai, a minor under the age of 18 years by his Litigation Guardian, Leslie Anne Wilkes |
| 2010-11-26 | Order on motion to extend time | |
| 2010-11-26 |
Decision on motion to extend time, Reg, to serve and file the respondents' response to November 4, 2010 Granted |
|
| 2010-11-26 | Submission of motion to extend time, Reg | |
| 2010-11-12 | Motion to extend time, to file serve and file the respondents' response to November 4, 2010, Completed on: 2010-11-12 | Bruce N. Huntley Contracting Limited |
| 2010-11-04 | Book of authorities | Bruce N. Huntley Contracting Limited |
| 2010-11-04 | Application for leave to cross-appeal, CONDITIONAL, Completed on: 2010-11-04 | Markham Property Services Ltd. |
| 2010-11-04 | Respondent's response on the application for leave to appeal, Ext. of time rec'd Nov. 12/10, Completed on: 2010-11-23 | Bruce N. Huntley Contracting Limited |
| 2010-10-15 | Book of authorities, Service missing - Rec'd on October 20, 2010 | Sasha Safai, a minor under the age of 18 years by his Litigation Guardian, Leslie Anne Wilkes |
| 2010-10-07 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2010-10-04 | Application for leave to appeal, proof of service missing-rec'd Oct. 6, 2010 - covers changed on Oct. 27, 2010 to add Markham Property Services - CA Order rec'd Nov. 10, 2010, Completed on: 2010-10-07 | Sasha Safai, a minor under the age of 18 years by his Litigation Guardian, Leslie Anne Wilkes |
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 |
|---|---|---|
| Sasha Safai, a minor under the age of 18 years by his Litigation Guardian, Leslie Anne Wilkes | Applicant | Active |
| Joebeen Safai, Parissa Safai, Hormoz Safai and Gity Safai personally | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bruce N. Huntley Contracting Limited | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Sasha Safai, a minor under the age of 18 years by his Litigation Guardian, Leslie Anne Wilkes | Applicant | Active |
| Joebeen Safai, Parissa Safai, Hormoz Safai and Gity Safai personally | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Markham Property Services Ltd. | Respondent | Active |
Counsel
Party: Sasha Safai, a minor under the age of 18 years by his Litigation Guardian, Leslie Anne Wilkes
Counsel
Kirk F. Stevens
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2367
FAX: (416) 867-2426
Email: kboggs@lerners.ca
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
Party: Joebeen Safai, Parissa Safai, Hormoz Safai and Gity Safai personally
Counsel
Kirk F. Stevens
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2367
FAX: (416) 867-2426
Email: kboggs@lerners.ca
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
Party: Bruce N. Huntley Contracting Limited
Counsel
Jennifer L. King
One Queen Street East
Suite 1800
Toronto, Ontario
M5C 2W5
Telephone: (416) 863-1230
FAX: (416) 863-1241
Email: gadair@adairmorse.com
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: Markham Property Services Ltd.
Counsel
Jennifer L. King
One Queen Street East
Suite 1800
Toronto, Ontario
M5C 2W5
Telephone: (416) 863-1230
FAX: (416) 863-1241
Email: gadair@adairmorse.com
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.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.
Limitation of actions — Discoverability — Applicant falling on patch of ice in parking lot and suffering broken ankle — Applicant and members of family commencing action against respondent owner of parking lot and separate action against respondent company responsible for winter maintenance of parking lot — Respondents moving for summary judgment based on expiry of six year limitation period — Whether courts below erred by holding that discoverability rule is an “interpretative tool” which they can “refuse” to apply in a given case — Limitations Act, R.S.O. 1990, c. L.15, s. 45(1)(g).
The applicant Gity Safai slipped and fell on a patch of ice in a parking lot on February 17, 2000 and suffered a broken ankle. On February 23, 2006, she and members of her family commenced an action against the owner of the parking lot, the respondent Huntley, and on September 27, 2006, they commenced a separate action against the company responsible for winter maintenance of the parking lot, the respondent Markham. The respondents moved for summary judgment based on the expiry of the six year limitation period. Ms. Safai and the other applicants raised the discoverability rule in response to the motions for summary judgment.
The motion judge held that the discoverability rule had no application to either case and dismissed both actions. The Court of Appeal dismissed the appeal from the order dismissing the action against Huntley and allowed the appeal in respect of the action against Markham.
Lower court rulings
Ontario Superior Court of Justice
CV-06-078872-00, CV-06-081292-00
Motions for summary judgment dismissing actions granted
Court of Appeal for Ontario
C51024, 2010 ONCA 545
Appeal from order dismissing action against Huntley dismissed; appeal in respect of action against Markham allowed and order dismissing action 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
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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
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