Case information
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36884
Dean Leigh Bassett v. Erin Maureen Magee
(British Columbia) (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) |
|---|---|---|
| 2016-05-27 | Close file on Leave | |
| 2016-05-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-27 | Judgment on leave sent to the parties | |
| 2016-05-26 |
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 and the motion for an extension of time to file the response are granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42576, 2015 BCCA 511, dated December 14, 2015, is dismissed with special costs. Dismissed, costs on a solicitor client basis |
|
| 2016-05-26 |
Decision on motion to extend time Granted |
|
| 2016-05-26 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-04-18 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-04-18 | Submission of motion to extend time, Abe Ka Br | |
| 2016-04-18 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2016-04-13 | Applicant's reply to respondent's argument, Completed on: 2016-04-13 | Dean Leigh Bassett |
| 2016-04-13 | Certificate (on limitations to public access) | Erin Maureen Magee |
| 2016-04-12 | Response to motion to extend time, Completed on: 2016-04-12 | Dean Leigh Bassett |
| 2016-04-12 | Motion to extend time, To serve and file the response, Completed on: 2016-04-12 | Erin Maureen Magee |
| 2016-04-11 | Respondent's response on the application for leave to appeal, Completed on: 2016-04-12 | Erin Maureen Magee |
| 2016-03-22 | Reply to the motion to extend time to file and/ or serve the leave application, Completed on: 2016-03-22 | Dean Leigh Bassett |
| 2016-03-16 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2016-03-16 | Erin Maureen Magee |
| 2016-03-08 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-03-08 | |
| 2016-03-07 | Certificate (on limitations to public access) | Dean Leigh Bassett |
| 2016-03-07 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2016-03-07 | Dean Leigh Bassett |
| 2016-03-07 | Application for leave to appeal, Completed on: 2016-03-07 | Dean Leigh Bassett |
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 |
|---|---|---|
| Bassett, Dean Leigh | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Magee, Erin Maureen | Respondent | Active |
Counsel
Party: Bassett, Dean Leigh
Counsel
Doris Reimer
Cory Giordano
150 - 6th Avenue S.W.
Suite 5100, West Tower
Calgary, Alberta
T2P 3Y7
Telephone: (403) 261-9001
FAX: (403) 398-0220
Email: meenu@reimerllp.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Magee, Erin Maureen
Counsel
Cranbrook, British Columbia
V1C 1A3
Telephone: (250) 426-0601
FAX: (250) 426-0642
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.
(Court file contains information that is not available for inspection by the public)
Family law – Custody – Access – Trial judge awarding mother of two children primary care – If trial judge summarily dismisses one party’s claims without full investigation of allegations and analysis of evidence, because of gender, profession or post-separation relationship status, can court carry out function as an impartial decision-maker and properly discharge its duty? – In family law litigation, if trial judge is prohibited from raising credibility, character, fitness of either parent, can court properly carry out its core function to get at truth, administer justice and provide finality to families? – Should appellate court intervene when it has overturned a trial judge to make orders that should have properly been made at trial? – Where there is denial of access and/or estrangement between a parent and child, should the appellate court make decisions to reduce the negative impact of trial decision on the children and promote finality, rather than remit parenting issues to lower court?
Mr. Bassett and Ms. Magee married in 2000 and have two children, a son aged fourteen and a daughter aged eight. Ms. Magee and the children have resided in the former matrimonial home in Cranbrook, British Columbia since the parties separated in January, 2012. Ms. Magee is employed as a nurse. Mr. Bassett is employed as a police officer in Calgary where he resides but he also maintains a home in Kimberly, British Columbia. Mr. Bassett has regularly made the three hour drive from Calgary to have parenting time with the children. At trial, each party sought primary care of the children. The daughter objected to staying overnight in the father’s house in Kimberley. The mother wished to move with the children to Vernon to join her partner there. Mr. Bassett opposed this move.
Lower court rulings
Supreme Court of British Columbia
E22467, E24365, 2015 BCSC 237
Mother awarded, inter alia, primary care of children and permitted to relocate with them; child support, arrears of support and costs.
Court of Appeal for British Columbia (Vancouver)
CA42213, CA42576, 2015 BCCA 422
Appeal allowed in part. Father awarded special costs of previous contempt motion.
Court of Appeal for British Columbia (Vancouver)
CA42576, 2015 BCCA 511
Applicant’s application to reopen appeal to deal with outstanding matters allowed. Relocation, parenting time and division of remaining assets remitted to trial judge for determination on specified terms.
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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