Case information
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35646
Jim Gauthier Chevrolet Oldsmobile Cadillac Ltd. v. Kelly Irvine
(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) |
|---|---|---|
| 2014-03-19 | Close file on Leave | |
| 2014-03-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-03-14 | Judgment on leave sent to the parties | |
| 2014-03-13 |
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 AI 12-30-07887, 2013 MBCA 93, dated October 18, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-02-03 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-01-21 | Applicant's reply to respondent's argument, Completed on: 2014-01-21 | Jim Gauthier Chevrolet Oldsmobile Cadillac Ltd. |
| 2014-01-14 | Certificate (on limitations to public access), (Electronic version filed on 2014-01-14) | Kelly Irvine |
| 2014-01-14 | Respondent's response on the application for leave to appeal, Completed on: 2014-01-14 | Kelly Irvine |
| 2013-12-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-12-09 | Application for leave to appeal, Completed on: 2013-12-09 | Jim Gauthier Chevrolet Oldsmobile Cadillac Ltd. |
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 |
|---|---|---|
| Jim Gauthier Chevrolet Oldsmobile Cadillac Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Irvine, Kelly | Respondent | Active |
Counsel
Party: Jim Gauthier Chevrolet Oldsmobile Cadillac Ltd.
Counsel
360 Main Street
Suite 2670
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 943-6740
FAX: (204) 943-3934
Email: dhill@hillco.mb.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Irvine, Kelly
Counsel
Marie-France Major
1000 - 330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-8777
FAX: (204) 947-2593
Email: rbeamish@tappercuddy.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.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.
Administrative law — Appeals — Employment law — Wrongful dismissal — Employee sued employer for wrongful dismissal — Employee’s claim dismissed by Court of Queen’s Bench but appeal allowed by Court of Appeal — Whether an appellate court has jurisdiction, in absence of a palpable and overriding error, to substitute its own findings of a fact for findings made at trial level?
The respondent employee sued his employer, the Applicant for wrongful dismissal. The employer defended on the basis that it did not terminate Mr. Irvine’s employment, but that he quit. The trial judge dismissed Mr. Irvine’s claim. The Court of Appeal allowed Mr. Irvine’s appeal and awarded damages.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 09-01-62475, 2012 MBQB 268
Employee’s claim dismissed.
Court of Appeal of Manitoba
AI 12-30-07887, 2013 MBCA 93
Employee’s appeal allowed and damages awarded.
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