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.
33944
Arlene Lowery v. Saskatchewan Government, et al.
(Saskatchewan) (Civil) (By Leave)
(Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-01-09 | Close file on Leave | |
| 2012-01-09 | Reconsideration not accepted for filing, (documents returned) | |
| 2011-05-10 | Reply to motion for reconsideration of the application for leave to appeal, Completed on: 2011-05-10 | Arlene Lowery |
| 2011-05-06 | Response to motion for reconsideration of the application for leave to appeal, Completed on: 2011-05-06 | E. Ivanochko (Reg. Psychologist) |
| 2011-05-04 | Response to motion for reconsideration of the application for leave to appeal, (Letter Form), from Darryl J. Brown dated May 4/11, Completed on: 2011-05-04 | Saskatchewan Government |
| 2011-04-26 | Response to motion for reconsideration of the application for leave to appeal, (Letter Form), from Christine L. Clifford dated Apr. 26/11 re will not file a response, Completed on: 2011-04-26 | City of Regina Police Department |
| 2011-04-26 | Motion for reconsideration of the application for leave to appeal, Completed on: 2011-04-26 | Arlene Lowery |
| 2011-03-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-03-25 | Judgment on leave sent to the parties | |
| 2011-03-24 |
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 Saskatchewan, Number 1605, 2010 SKCA 109, dated September 9, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2011-02-21 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2011-02-21 | Submission of motion to extend time to file and/ or serve the leave application, LeB De Cha | |
| 2011-02-21 | Submission of motion to add or substitute parties, LeB De Cha | |
| 2011-01-07 | Reply to motion to add or substitute parties, Completed on: 2011-01-07 | Arlene Lowery |
| 2010-12-29 | Correspondence received from, Ms. Lowery rec'd by fax re: response to Mr. Gibson's letter of Dec. 22/10 | Arlene Lowery |
| 2010-12-22 | Correspondence received, from Mr. Gibson rec'd by fax re: Response to motion de add a party, he was not a party in the Court of Appeal | |
| 2010-12-21 | Supplemental document, Supplemental Affidavit of Ms. Lowery for consideration | Arlene Lowery |
| 2010-12-20 | Correspondence received from, Affidavit of Service of documents between Dec. 6 and Dec. 20/10 | Arlene Lowery |
| 2010-12-20 | Correspondence received from, Arlene Lowery re: motion rec'd by fax | Arlene Lowery |
| 2010-12-17 | Motion to add or substitute parties, filed in three parts Dec. 16, 17 and 21, Mr. Gibson was served by fax Dec. 21/10, Completed on: 2010-12-21 | Arlene Lowery |
| 2010-12-17 | Correspondence received from, Arlene Lowery re: request to file a motion to add parties | Arlene Lowery |
| 2010-12-16 | Correspondence received, from C.D. rec'd by fax re: agrees to be added as a party. | |
| 2010-12-16 | Supplemental document, Affidavit of Arlene Lowery in support of her response to the reply of the respondents (service rec'd Dec. 21/10) | Arlene Lowery |
| 2010-12-08 | Correspondence received from, Mrs. Lowery re: would like us to return all replies that she filed | Arlene Lowery |
| 2010-12-08 | Correspondence received from, Daryl Brown re: information on sealing order (rec'd by fax and cc. to all parties) | Saskatchewan Government |
| 2010-12-08 | Respondent's response on the application for leave to appeal, Completed on: 2010-12-20 | City of Regina Police Department |
| 2010-12-07 | Applicant's reply to respondent's argument, to Mr. Gibson's letter of Dec. 2/10, Completed on: 2010-12-07 | Arlene Lowery |
| 2010-12-07 | Affidavit, affidavit in response to Mr. Gibson letter of Dec. 2, 2010 | Arlene Lowery |
| 2010-12-07 | Correspondence received from, Mrs. Lowery dated Dec. 6/10 re: filing of individual replies for each response. | Arlene Lowery |
| 2010-12-07 | Applicant's reply to respondent's argument, reply to response of City of Regina - service missing, Completed on: 2010-12-21 | Arlene Lowery |
| 2010-12-07 | Applicant's reply to respondent's argument, reply to the response of AGSask - service missing, Completed on: 2010-12-21 | Arlene Lowery |
| 2010-12-07 | Applicant's reply to respondent's argument, in reply to C. Cann - service rec'd Dec. 21/10, Completed on: 2010-12-21 | Arlene Lowery |
| 2010-12-07 | Applicant's reply to respondent's argument, in reply to E. Ivanochko, Completed on: 2010-12-07 | Arlene Lowery |
| 2010-12-07 | Respondent's response on the application for leave to appeal, Completed on: 2010-12-07 | C. Norman, M.D., S. Leibel, M.D., L.P. Ruthnum, M.D. |
| 2010-12-07 | Respondent's response on the application for leave to appeal, Completed on: 2010-12-07 | Saskatchewan Government |
| 2010-12-03 | Correspondence received from, Ms. Lowery dated November 30/10 re: formal order form - CA order | Arlene Lowery |
| 2010-12-03 | Respondent's response on the application for leave to appeal, New cover requested and rec'd Nov. 8/10, Completed on: 2010-12-08 | E. Ivanochko (Reg. Psychologist) |
| 2010-12-02 | Correspondence received, Bruce Gibson re: was not a party to the file and will not respond to the application for leave to appeal. | |
| 2010-11-29 | Correspondence received from, Ms. Lowery dated Nov. 28/10 re: objects to Mr. Watson's reply - further submission | Arlene Lowery |
| 2010-11-26 | Motion to extend the time to file and or serve the application for leave to appeal, extension of time for service to November 23/10, service to follow, Completed on: 2011-02-21 | Arlene Lowery |
| 2010-11-25 | Correspondence received from, Christine Clifford confirming service on November 10, 2010 | City of Regina Police Department |
| 2010-11-24 | Correspondence received from, Mrs. Lowery dated Nov.23/10 re: Ms LaPrise and Government of Canada should be added as parties (rec'd by fax) | Arlene Lowery |
| 2010-11-24 | Correspondence received from, Christine Clifford dated November 24, 2010. Re: Correction to her e-mail | City of Regina Police Department |
| 2010-11-23 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-11-19 | Correspondence received from, Mr. Brown by e-mail re: decision of the Court of Queen Bench | Saskatchewan Government |
| 2010-11-19 | Correspondence received from, Daryl Brown re: Sealing order | Saskatchewan Government |
| 2010-11-08 | Correspondence received from, Mrs. Lowery rec'd by e-mail re: confirming service and attaching various correspondence (request by C.D. to be added as a party) | Arlene Lowery |
| 2010-11-08 | Supplemental document, Appendix | Arlene Lowery |
| 2010-11-08 | Application for leave to appeal, + 1 envelope, service confirmed by phone - Affidavit of service rec'd Nov. 30/10 - CA Order rec'd Dec. 3/10 and ext. of time rec'd Nov. 26/10, Completed on: 2010-12-06 | Arlene Lowery |
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 |
|---|---|---|
| Lowery, Arlene | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Saskatchewan Government | Respondent | Active |
| C. Norman, M.D., S. Leibel, M.D., L.P. Ruthnum, M.D. | Respondent | Active |
| E. Ivanochko (Reg. Psychologist) | Respondent | Active |
| City of Regina Police Department | Respondent | Active |
| Chief Cal Johnston, Corporal Debbie Ferguson | Respondent | Active |
Counsel
Party: Lowery, Arlene
This party is not represented by counsel.
Party: Saskatchewan Government
Counsel
1874 Scarth St., 9th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8953
FAX: (306) 787-0581
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
Party: C. Norman, M.D., S. Leibel, M.D., L.P. Ruthnum, M.D.
Counsel
500, 2220-12th Avenue
Regina, Saskatchewan
S4P 0M8
Telephone: (306) 565-6574
FAX: (306) 565-6565
Party: E. Ivanochko (Reg. Psychologist)
Counsel
700 - 2103, 11th Avenue
Regina, Saskatchewan
S4P 4G1
Telephone: (306) 347-8300
FAX: (306) 347-8350
Email: reg.watson@balfourmoss.com
Party: City of Regina Police Department
Counsel
2476 Victoria Avenue
Regina, Saskatchewan
S4P 2N4
Telephone: (306) 777-7017
FAX: (306) 777-6818
Email: ccliffor@regina.ca
Party: Chief Cal Johnston, Corporal Debbie Ferguson
Counsel
2476 Victoria Avenue
Regina, Saskatchewan
S4P 2N4
Telephone: (306) 777-7017
FAX: (306) 777-6818
Email: ccliffor@regina.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.
Courts – Procedure – Pleadings – Strike – Errors of law alleged on part of lower courts - Whether or not Court of Appeal erred in not answering questions posed in applicant’s appeal argument – Whether or not motions judge erred in failing to determine that respondents had not filed a new application strike the amended statement of claim – Whether or not, absent statement of facts in statement of defence, facts as pleaded by applicant had to be taken as true – Whether or not pleadings substantiated applicant’s substantive materials filed in support of her amended claim as evidence to validate truth of pleadings and therefore not should not be struck – Whether judges erred in not recognizing pleadings “were prima facie and res ipsa loquitor” – Whether or not claim one of continuous injury and accordingly not subject to Statute of Limitations.
The applicant brought forward three separate claims: (1) damages arising from her adoption of a daughter in 1972; (2) damages arising from her daughter’s inability to care for her own children born between 1993 and 2002; and, (3) damages arising from her removal as an employee of a non-profit organization that she had established to provide counselling for persons like her daughter. The applicant filed a lengthy statement of claim which she replaced with a shorted amended claim. This amended claim included four infants as proposed plaintiffs, added the Government of Canada and another individual as proposed defendants and named five different federal and provincial cabinet ministers as representatives of federal and provincial governments. The hearing proceeded on March 7, 2006. Although several issues were before the court, the substantive issue was whether the statement of claim should be struck; the issues of allowing further amendment, adding more parties and striking every statement of defence would be moot if the main action were dismissed.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
1306 of 2005, 2008 SKQB 115
Claim is struck in its enterety.
Court of Appeal for Saskatchewan
1605, 2010 SKCA 109
Dismiss
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