Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38119
Randy T. Jalava v. Terry Webster, et al.
(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) |
|---|---|---|
| 2025-03-21 | Close file on Leave | |
| 2025-03-21 | Correspondence (sent by the Court) to, the applicant by email - re: motion for reconsideration - status update - missing information | |
| 2025-02-28 |
Correspondence received from, applicant - email requesting status update on his motion for reconsideration - other emails rec'd 2025-03-08 |
Randy T. Jalava |
| 2023-12-18 | Supplemental document, affidavit supporting reconsideration | Randy T. Jalava |
| 2021-12-21 | Supplemental document, Faxes sent between September 1, 2021 and December 21, 2021 - material supporting reconsideration | Randy T. Jalava |
| 2021-06-29 | Supplemental document, in support of the motion for reconsideration | Randy T. Jalava |
| 2019-08-07 |
Correspondence received, from Julia E. Ross (Hunter Litigation Chambers). Affidavit of service of the motion of withdrawal of counsel on the respondent, Terry Webster (advertisement in the Toronto Star newspaper for a period of one (1) week). |
|
| 2019-07-12 |
Correspondence received, from Julia E. Roos (Hunter Litigation Chambers). Proof of service of order dated June 13, 2019, to Randy T. Jalava. |
|
| 2019-06-25 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2019-06-13 | Order on motion to substitutional service, by ROGER BILODEAU, Q.C. | |
| 2019-06-13 |
Decision on motion for substitutional service, Reg, See order of motion to withdraw as solicitor. Granted |
|
| 2019-06-13 | Submission of motion for substitutional service, Reg | |
| 2019-06-13 | Order on motion to withdraw as solicitor, by ROGER BILODEAU, Q.C. | |
| 2019-06-13 |
Decision on motion to withdraw as solicitor, Reg, UPON APPLICATION by Julia E. Roos for an order: 1) removing her and Hunter Litigation Chambers Law Corporation as counsel of record for the applicant, Randy T. Jalava; and 2) for substitutional service of the motion of withdrawal of counsel on the respondent, Terry Webster, pursuant to Rule 20(10) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions are granted. Julia E. Roos and Hunter Litigation Chambers Law Corporation no longer represent Randy T. Jalava as counsel. The motion of withdrawal of counsel shall be served on the respondent, Terry Webster, by posting the details of said motion in an advertisement in the Toronto Star newspaper within sixty (60) days of the date of this Order. Service will be deemed to have been effected in compliance with the Supreme Court Act, R.S.C., c. S-26 and the Rules of the Supreme Court of Canada following the placement of the advertisement in the Toronto Star newspaper for a period of one (1) week. Granted |
|
| 2019-06-13 | Submission of motion to withdraw as solicitor, Reg | |
| 2019-05-30 |
Motion for substitutional service, (Letter Form), MISSING: proof of service to respondent, Planet Café Inc. (received 2019-06-03), Completed on: 2019-06-04 |
Randy T. Jalava |
| 2019-05-30 |
Motion to withdraw as solicitor, (Letter Form), MISSING: proof of service on the respondent, Planet Café Inc. (received 2019-06-03). Proof of service to Mr. Randy T. Jalava received on 2019-06-04. , Completed on: 2019-06-04 |
Randy T. Jalava |
| 2019-03-12 | Correspondence (sent by the Court) to, counsel for the applicant. Letter from Registrar (Rule 17). | |
| 2019-02-04 | Supplemental document, Incomplete reconsideration - intent to file a motion | Randy T. Jalava |
| 2019-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-01-11 | Judgment on leave sent to the parties | |
| 2019-01-10 |
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 CA41957, 2017 BCCA 378, dated October 31, 2017, is dismissed with no order as to costs. Dismissed, no order as to costs |
|
| 2019-01-10 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2018-11-19 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-11-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-07-27 | Order on motion to extend time, (BY THE REGISTRAR) | |
| 2018-07-27 |
Decision on motion to extend time, Reg Granted |
|
| 2018-07-27 | Submission of motion to extend time, Reg | |
| 2018-07-27 | Order on motion to substitutional service, (BY THE REGISTRAR) | |
| 2018-07-27 |
Decision on motion for substitutional service, Reg, UPON APPLICATION by the respondent, Planet Café Inc., for an order extending the time to serve its response and for an order for substitutional service of its response to the application for leave to appeal on the respondent, Terry Webster, pursuant to Rules 20(10) and 6(1) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The respondent, Planet Café Inc., is granted an extension of time to serve its response to the application for leave to appeal and is permitted to serve its response and related materials on the respondent, Terry Webster, by posting the details of its response in an advertisement in the Toronto Star newspaper within 60 days of the date of this Order. Service will be deemed to have been effected in compliance with the Supreme Court Act, R.S.C., c. S-26 and the Rules of the Supreme Court of Canada following the placement of the advertisement in the Toronto Star newspaper for a period of one week. Granted |
|
| 2018-07-27 | Submission of motion for substitutional service, Reg | |
| 2018-07-23 | Motion for substitutional service, (Included in the motion to extend time), Completed on: 2018-07-23 | Planet Café Inc. |
| 2018-07-23 | Motion to extend time, (Book Form), to serve the response. Fees missing-rec'd 2018/07/25, Completed on: 2018-07-25 | Planet Café Inc. |
| 2018-06-21 | Notice of name, (Included in the respondent's response on the application for leave to appeal) | Planet Café Inc. |
| 2018-06-21 | Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal) | Planet Café Inc. |
| 2018-06-21 | Respondent's response on the application for leave to appeal, (Book Form), Service missing-rec'd 2018/06/26, Completed on: 2018-06-26 | Planet Café Inc. |
| 2018-05-30 | Order on motion to substitutional service, (By the Registrar - Roger Bilodeau, Q.C.) | |
| 2018-05-30 |
Decision on motion for substitutional service, Reg, UPON APPLICATION by the applicant for an order for substitutional service of his application for leave to appeal, pursuant to Rule 20(10) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. 1) The application for leave to appeal and related materials filed by Randy T. Jalava are deemed to have been served on the respondent, Planet Café Inc., on May 2, 2018, by delivery of the application for leave to appeal materials to: a) the registered and records office of the Granville Entertainment Corporation located at 1500-1055 West Georgia Street, PO Box 11117, Vancouver, British Columbia, V6E 4N7; b) the office of Granville Entertainment Group located at 800-1401 West Broadway, Vancouver, British Columbia, V6H 1H6; and c) by email to info@granville.com. 2) The applicant is permitted to serve his application for leave to appeal and related materials on the respondent, Terry Webster, by posting the details of said application in an advertisement in the Toronto Star newspaper within 60 days of the date of this Order. Service will be deemed to have been effected in compliance with the Supreme Court Act, R.S.C., c. S-26 and the Rules of the Supreme Court of Canada following the placement of the advertisement in the Toronto Star newspaper for a period of one week. Granted |
|
| 2018-05-30 | Submission of motion for substitutional service, Reg | |
| 2018-05-28 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/05/28 | |
| 2018-05-03 | 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), Included in the Notice of Application., Completed on: 2018-05-03 | Randy T. Jalava |
| 2018-05-03 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal) | Randy T. Jalava |
| 2018-05-03 | Motion for substitutional service, (Book Form), (Included in the application for leave to appeal), along with an affidavit in support - filed separately on May 3, 2018., Completed on: 2018-05-03 | Randy T. Jalava |
| 2018-05-03 | Application for leave to appeal, (Book Form), Affidavit of service on Mr. Terry Webster rec'd 2018/07/13, Completed on: 2018-07-13 | Randy T. Jalava |
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 |
|---|---|---|
| Jalava, Randy T. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Webster, Terry | Respondent | Active |
| Planet Café Inc. | Respondent | Active |
Counsel
Party: Jalava, Randy T.
This party is not represented by counsel.
Party: Webster, Terry
This party is not represented by counsel.
Party: Planet Café Inc.
Counsel
1320 – 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 235-3200
FAX: (604) 235-3210
Email: mkatzalay@burrardlaw.com
Summary
Keywords
Appeals – Damages – Whether lower courts erred in the treatment of the assessment of damages – Appellate court’s powers to award damages – Treatment of self-represented litigants.
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 1998, Mr. Randy T. Jalava, a self-represented litigant, obtained a default judgment against the respondents. Over the years, Mr. Jalava made a number of attempts to proceed with the assessment of damages. When the assessment of damages finally came on for hearing in 2014, the court refused to assess damages on the basis of lack of evidence. Mr. Jalava obtained legal counsel and appealed to the Court of Appeal for British Columbia. The Court allowed his appeal, and assessed damages at $100.
On February 2, 2018, Mr. Jalava wrote to the Court of Appeal asking that the Court amend its order by remitting the question of damages to the Supreme Court of British Columbia or permitting additional submissions regarding the damages. By letter dated March 5, 2018, the applicant was advised that the Court of Appeal declined the request.
Lower court rulings
Supreme Court of British Columbia
S29937
Order on motion for assessment of damages: claim dismissed
Court of Appeal for British Columbia (Vancouver)
CA41957, 2017 BCCA 378
Appeal allowed; chambers judge’s order set aside and an award of damages in the amount of $100 made
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