Case information
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37871
Dustin James Kitsul v. Slater Vecchio LLP
(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) |
|---|---|---|
| 2018-06-29 | Close file on Leave | |
| 2018-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-06-29 | Judgment on leave sent to the parties | |
| 2018-06-28 |
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 British Columbia (Vancouver), Number CA43747, 2017 BCCA 315, dated September 6, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2018-06-28 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Granted |
|
| 2018-05-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-05-22 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-01-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-01-29 | Dustin James Kitsul |
| 2018-01-17 | Certificate (on limitations to public access), (Letter Form) | Slater Vecchio LLP |
| 2018-01-17 | Notice of name, (Letter Form) | Slater Vecchio LLP |
| 2018-01-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-01-17 | Slater Vecchio LLP |
| 2017-12-08 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017-12-08 | |
| 2017-11-27 | 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: 2017-11-27 | Dustin James Kitsul |
| 2017-11-27 | Certificate (on limitations to public access), 23-A | Dustin James Kitsul |
| 2017-11-27 | Application for leave to appeal, (Book Form), Completed on: 2017-11-27 | Dustin James Kitsul |
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 |
|---|---|---|
| Kitsul, Dustin James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Slater Vecchio LLP | Respondent | Active |
Counsel
Party: Kitsul, Dustin James
Counsel
1900 - 1177 West Hastings St.
Vancouver, British Columbia
V6E 2K3
Telephone: (604) 718-6870
FAX: (604) 608-5741
Email: aamacdonald@mlg.lawyer
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Slater Vecchio LLP
Counsel
1510-700 Georgia Street West
Vancouver, British Columbia
V7Y 1A1
Telephone: (604) 601-3717
FAX: (604) 687-3741
Email: gritchey@qalaw.com
Agent
99 Bank Street, Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@fmc-law.com
Summary
Keywords
Law of professions – Barristers and solicitors – Professional liability – Negligence – What is standard of care applicable to litigators – Whether trial judge committed palpable and overriding error by preferring defendant lawyers’ expert report on standard of care issue.
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.
In 2005, Dustin Kitsul was injured in a motor vehicle accident, when a truck owned by his employer that he was driving to work with a fellow employee was rear ended by a tractor trailer. Mr. Kitsul’s application for Workers’ Compensation Board benefits was denied because the WCB concluded that his commute to work was not in the course of his employment. Mr. Kitsul retained the law firm Slater Vecchio to bring a personal injury tort action against the owners and driver of the tractor-trailer. Shortly before trial, the defendants brought an application pursuant to s. 257 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, seeking to deny the court’s jurisdiction over the action. Contrary to the earlier WCB decision, the Workers’ Compensation Appeal Tribunal determined that Mr. Kitsul’s injuries arose in the course of employment, which meant he was covered by workers compensation and his tort action was therefore statute barred. Mr. Kitsul retained new counsel and asked the Tribunal to reconsider its decision, which request was denied. Mr. Kitsul then commenced an action against Slater Vecchio, alleging the law firm was negligent in conducting the s. 257 application and, as a result, caused him to lose the opportunity to pursue the damages claimed in the tort action.
The Supreme Court of British Columbia dismissed Mr. Kitsul’s action, finding the position Slater Vecchio advanced was a reasonable one, which was not to be judged on the basis of hindsight. The Court of Appeal dismissed Mr. Kitsul’s appeal on the basis that he failed to establish any palpable and overriding error on the part of the trial judge.
Lower court rulings
Supreme Court of British Columbia
S135991 / 2015 BCSC 1394
See file
Supreme Court of British Columbia
S135991 / 2016 BCSC 1039
Applicant’s action in negligence, dismissed.
Court of Appeal for British Columbia (Vancouver)
CA43747, 2017 BCCA 315
Applicant’s 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 613-996-8666 or at 1-844-365-9662.
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
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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