Case information
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36696
Luciano Branco, et al. v. Zurich Life Insurance Company Limited, et al.
(Saskatchewan) (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) |
|---|---|---|
| 2016-04-27 | Close file on Leave | |
| 2016-04-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-22 | Judgment on leave sent to the parties | |
| 2016-04-21 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers CACV2404, CACV2405, CACV2505 and CACV2529, 2015 SKCA 71, dated June 19, 2015, is dismissed without costs. The conditional application for leave to cross-appeal filed by the respondent, American Home Assurance Company, is dismissed without costs. Dismissed, without costs |
|
| 2016-04-21 |
Judgment of the Court on the application for leave to cross-appeal, see judgment on leave application Dismissed, without costs |
|
| 2016-04-21 |
Decision on motion to extend time to file and /or serve the leave application, see judgment on leave application Granted |
|
| 2016-03-29 | All material on the application for leave to cross-appeal submitted to the Judges, CJ Mo Ga | |
| 2016-03-29 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-03-29 | Submission of motion to extend time to file and/ or serve the leave application, CJ Mo Ga | |
| 2016-02-16 | Notice of name, (Letter Form), (Electronic version filed on 2016-02-16) | American Home Assurance Company |
| 2016-02-16 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-16) | American Home Assurance Company |
| 2016-02-16 | Reply to the memorandum in response to the argument on cross-appeal, (Book Form), filed one day after due date - on consent, Completed on: 2016-02-17, (Electronic version filed on 2016-02-16) | American Home Assurance Company |
| 2016-02-05 | Memorandum of argument in response to the cross-appeal, (Book Form), Completed on: 2016-02-05, (Electronic version filed on 2016-02-05) | Luciano Branco |
| 2016-01-18 | Applicant's reply to respondent's argument, (Book Form), to the response of Zurich Life Insurance Company Limited, Completed on: 2016-01-18, (Electronic version filed on 2016-01-18) | Luciano Branco |
| 2016-01-18 | Applicant's reply to respondent's argument, (Book Form), to the response of American Home Assurance, Completed on: 2016-01-18, (Electronic version filed on 2016-01-18) | Luciano Branco |
| 2015-12-22 | Book of authorities, (Book Form) | American Home Assurance Company |
| 2015-12-22 | Application for leave to cross-appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) | American Home Assurance Company |
| 2015-12-22 | Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) | American Home Assurance Company |
| 2015-12-22 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-21) | Zurich Life Insurance Company Limited |
| 2015-12-22 | Notice of name, (Letter Form), (Electronic version filed on 2015-12-21) | Zurich Life Insurance Company Limited |
| 2015-12-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-12-22, (Electronic version filed on 2015-12-21) | Zurich Life Insurance Company Limited |
| 2015-11-18 | Order on motion to extend time, by the Registrar | |
| 2015-11-18 |
Decision on motion to extend time, Reg, THE REGISTRAR: UPON APPLICATIONS by the respondents, American Home Assurance Company and Zurich Life Insurance Company Limited, for an order extending the time to serve and file each of their responses and applications for leave to cross-appeal, if any, to 60 (sixty) days following the service of the application for leave to appeal; AND THE MATERIAL FILED having been read; AND NOTING the consent of the applicant; IT IS HEREBY ORDERED THAT: The motions are granted. The respondents shall serve and file their responses and applications for leave to cross-appeal, if any, on or before December 23, 2015. Granted |
|
| 2015-11-18 | Submission of motion to extend time, Reg | |
| 2015-11-17 | Correspondence received from, (Letter Form), from counsel for Respondent Zurich Life Insurance dated 2015-11-16 re: Motion for extension of time, (Electronic version filed on 2015-11-17) | Zurich Life Insurance Company Limited |
| 2015-11-17 | Motion to extend time, (Book Form), Completed on: 2015-11-17, (Electronic version filed on 2015-11-17) | Zurich Life Insurance Company Limited |
| 2015-11-16 | Correspondence received from, (Letter Form), from counsel for respondent Zurich Life Insurance Company re: filing of Motion for Extension of Time, (Electronic version filed on 2015-11-16) | Zurich Life Insurance Company Limited |
| 2015-11-16 | Notice of name, (Letter Form), (Electronic version filed on 2015-11-18) | American Home Assurance Company |
| 2015-11-16 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-18) | American Home Assurance Company |
| 2015-11-16 | Motion to extend time, (Book Form), Completed on: 2015-11-16, (Electronic version filed on 2015-11-18) | American Home Assurance Company |
| 2015-11-13 | Correspondence received from, (Letter Form), from counsel for respondent American Home dated 2015-11-13 re: filing of motion for extension of time, (Printed version filed on 2015-11-13) | American Home Assurance Company |
| 2015-11-10 | Correspondence (sent by the Court) to, Robert W. Leurer and Alan L.W. D'Silva by fax, re: request for an extension of time must be made by way of motion | |
| 2015-11-03 | Respondent's response on the application for leave to appeal, (Letter Form), will not file a response, Completed on: 2015-11-03, (Electronic version filed on 2015-11-03) | Kumtor Operating Company |
| 2015-10-29 | Correspondence received from, (Letter Form), from counsel for Respondent Zurich Life Insurance re: filing of response, (Printed version filed on 2015-10-29) | Zurich Life Insurance Company Limited |
| 2015-10-28 | Correspondence received from, Glenn Zacher by email, re: confirmation from the Court regarding an extension of time | American Home Assurance Company |
| 2015-10-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened 2015-10-26 | |
| 2015-10-22 | Certificate (on limitations to public access), (Electronic version filed on 2015-10-28) | Luciano Branco |
| 2015-10-22 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-10-22, (Electronic version filed on 2015-10-28) | Luciano Branco |
| 2015-10-22 | Application for leave to appeal, (Book Form), CA orders missing -received 2016-04-07, Completed on: 2016-04-07 | Luciano Branco |
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 |
|---|---|---|
| Branco, Luciano | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zurich Life Insurance Company Limited | Respondent | Active |
| American Home Assurance Company | Respondent | Active |
| Kumtor Operating Company | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Branco, Luciano | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zurich Life Insurance Company Limited | Respondent | Active |
| American Home Assurance Company | Respondent | Active |
| Kumtor Operating Company | Respondent | Active |
Counsel
Party: Branco, Luciano
Counsel
Stephanie R. Quesnel
1400-220 Bay Street
Toronto, Ontario
M5J 2W4
Telephone: (416) 360-1194
FAX: (416) 360-8469
Email: cmorrison@willdavidson.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Zurich Life Insurance Company Limited
Counsel
Jodi Wildeman
Steven Stieber
Emily Stock
1500 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
Email: rleurer@mlt.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: American Home Assurance Company
Counsel
Glenn Zacher
Sinziana Hennig
5300 Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5204
FAX: (416) 947-0866
Email: adsilva@stikeman.com
Party: Kumtor Operating Company
Counsel
Paul L. Clemens
374 - 3rd Avenue South
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 653-2000
FAX: (306) 653-2669
Email: c.sloan@mckercher.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.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.
Insurance – Damages – Appeal – Whether there is an unofficial million dollar cap on punitive damages against insurers – Whether there can be a cap on aggravated damages in breach of insurance contract cases – In the face of egregious conduct, is the full indemnification of a wronged party’s costs to be considered after compensatory and punitive damages have been assessed – Appropriateness of an appellate court reviewing a trial judge’s reasons for awarding punitive damages and then substituting its own quantum of damages.
Mr. Branco was injured while employed by Kumtor Operating Company. He was covered by two workplace insurance policies issued by American Home Assurance Company and Zurich Life Insurance Company Limited. Mr. Branco commenced an action against the respondents in part to secure punitive damages, damages for mental distress, and benefits. The trial judge in part awarded $1,500,000 in punitive damages and $150,000 in aggravated damages against American Home Assurance Company. He awarded $3,000,000 in punitive damages and $300,000 in aggravated damages against Zurich Life Insurance Company Limited. He awarded costs to Mr. Branco but denied full solicitor and client costs. The Court of Appeal allowed an appeal in part. It reduced the awards for punitive damages to $675,000 in total and for aggravated damages to $45,000 in total. It dismissed a cross-appeal from the costs award.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2013 SKQB 98
Damages awarded to applicant including punitive damages and damages for mental distress.
Court of Queen’s Bench of Saskatchewan
2013 SKQB 442, QBG 267/06
Costs awarded to applicant.
Court of Appeal for Saskatchewan
2015 SKCA 71, CACV2404, CACV2405, CACV2505, CACV2529
Appeals allowed in part and damage awards reduced; Cross-appeal dismissed.
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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.
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