Case information
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36451
James Baker v. Daniel McCallum
(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) |
|---|---|---|
| 2015-11-09 | Close file on Leave | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
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 Ontario, Number C56514, 2015 ONCA 206, dated March 26, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2015-09-08 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-09-08 | Submission of miscellaneous motion, CJ Mo Ga | |
| 2015-06-29 | Correspondence received from, (Letter Form), Superior Court of Justice Judgment received 2015-06-29., (Electronic version filed on 2015-06-29) | James Baker |
| 2015-06-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-24) | Daniel McCallum |
| 2015-06-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-06-24, (Electronic version filed on 2015-06-24) | Daniel McCallum |
| 2015-06-12 | Correspondence received from, (Letter Form), Court of appeal order., (Electronic version filed on 2015-06-15) | James Baker |
| 2015-05-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, file opened 2015-05-26. | |
| 2015-05-25 | Notice of miscellaneous motion, (Book Form), to be heard with case Westerhof v. Gee Estate., Completed on: 2015-05-25, (Electronic version filed on 2015-05-25) | James Baker |
| 2015-05-25 | Book of authorities, (Book Form), (Electronic version filed on 2015-05-25) | James Baker |
| 2015-05-25 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-05-25) | James Baker |
| 2015-05-25 | Notice of name, (Letter Form), (Electronic version filed on 2015-05-25) | James Baker |
| 2015-05-25 | Application for leave to appeal, (Book Form), Court of Appeal order missing. Received 2015-06-12. Final C/A order rec'd on 2015-08-06, Completed on: 2015-06-15, (Electronic version filed on 2015-05-25) | James Baker |
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 |
|---|---|---|
| Baker, James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| McCallum, Daniel | Respondent | Active |
Counsel
Party: Baker, James
Counsel
David J. Visschedyk
300 - 145 Wellington Street West
Toronto, Ontario
M5J 1H8
Telephone: (416) 369-9393 Ext: 244
FAX: (416) 369-0665
Email: drollo@amrlaw.ca
Agent
1111 Prince of Wales
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: CBaxter@conway.pro
Party: McCallum, Daniel
Counsel
Joanna Nairn
Suite 1910 - Box 69
One Queen Street East
Toronto, Ontario
M5C 2W5
Telephone: (416) 364-8755
FAX: (416) 364-8855
Email: pjp@papebarristers.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.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.
Evidence – Expert witnesses – Experts’ reports – Whether Court of Appeal failed to properly interpret Rule 53.03 of Rules of Civil Procedure, R.R.O. 1990, Reg. 194 – Whether Court of Appeal misapplied common law – Whether Court of Appeal erred by creating a presumption of admissibility for opinion evidence by participant experts and non-litigation experts if the opinion is based upon impressions while carrying on their work – Whether Court of Appeal for Ontario erred by allowing experts to provide opinion outside of their area of expertise – Integrity and authority of judicial system throughout Canada.
On March 23, 2009, Mr. McCallum was injured in a motor vehicle accident when his vehicle was struck from behind by a car driven by Mr. Baker. He claims that his injuries prevent him from returning to work and severely curtail his activities. At trial, he called evidence from several medical witnesses. The trial judge permitted some medical witnesses to give evidence without complying with Rule 53.03 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. Rule 53.03 sets out requirements for introducing expert opinion evidence. A jury awarded Mr. McCallum damages totalling $787,275 and the trial judge issued an award for that amount. The Court of Appeal dismissed Mr. Baker’s appeal.
Lower court rulings
Ontario Superior Court of Justice
09-1190
$787,275 awarded.
Court of Appeal for Ontario
C56514, 2015 ONCA 206
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 613‑996‑7933 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