Case information
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36723
Insurance Corporation of British Columbia v. Marnetta Lynn Felix
(British Columbia) (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) |
|---|---|---|
| 2016-04-19 | Close file on Leave | |
| 2016-04-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-15 | Judgment on leave sent to the parties | |
| 2016-04-14 |
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 British Columbia (Vancouver), Number CA41588, 2015 BCCA 394, dated September 23, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-12-22 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) | Insurance Corporation of British Columbia |
| 2015-12-18 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-18) | Marnetta Lynn Felix |
| 2015-12-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-12-18, (Electronic version filed on 2015-12-18) | Marnetta Lynn Felix |
| 2015-11-18 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2015-11-17 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-18) | Insurance Corporation of British Columbia |
| 2015-11-17 | Notice of name, (Letter Form), (Electronic version filed on 2015-11-18) | Insurance Corporation of British Columbia |
| 2015-11-17 | Application for leave to appeal, (Book Form), Completed on: 2015-11-17, (Electronic version filed on 2015-11-18) | Insurance Corporation of British Columbia |
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 |
|---|---|---|
| Insurance Corporation of British Columbia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Felix, Marnetta Lynn | Respondent | Active |
Counsel
Party: Insurance Corporation of British Columbia
Counsel
3200 Vancouver Centre
650 Georgia St. W.
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: gbrown@harpergrey.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Felix, Marnetta Lynn
Counsel
Peter J. Thornton
PO Box 379
9245 Main Street
Chilliwack, British Columbia
V2P 6J4
Telephone: (604) 795-9188
FAX: (604) 795-6340
Email: mthornton@pattenthornton.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.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.
Insurance — Automobile insurance — Respondent’s claim for indemnity — Legal test for indemnity under a third party liability insurance policy for injuries arising from the “use or operation” of a motor vehicle — Whether the Court of Appeal erred in its interpretation of the phrase “arises out of the use or operation by the insured of a vehicle” in automobile insurance legislation by erroneously applying a “but for” test for causation — Whether there are conflicting appellate decisions
The respondent was driving her automobile, when the passenger, her boyfriend, grabbed the steering wheel. The respondent lost control and the vehicle crashed. The passenger was killed in the accident. The respondent was severely injured in the accident. Judgment was entered against the passenger for the respondent’s losses. The respondent then brought an action for indemnity against the applicant Insurance Corporation of British Columbia. The trial judge dismissed the respondent’s claim for indemnity. The Court of Appeal allowed the appeal.
Lower court rulings
Supreme Court of British Columbia
S24034, 2014 BCSC 166
Respondent’s claim for indemnity dismissed
Court of Appeal for British Columbia (Vancouver)
CA41588, 2015 BCCA 394
Appeal allowed
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.
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
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.
Downloadable PDFs
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