Case information
Consult our database for details on a Supreme Court of Canada case.
38489
N.E.T. v. Her Majesty the Queen in Right of the Province of British Columbia, et al.
(British Columbia) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-08-16 | Close file on Leave | |
| 2022-08-16 | Correspondence (sent by the Court) to, the applicant. Letter from the Registrar. | |
| 2019-08-15 | Certificate of taxation issued to, Fernando de Lima | |
| 2019-08-15 | Decision on the bill of costs, in the amount of $1,076.35, Reg | |
| 2019-08-15 | Submission of the bill of costs, Reg | |
| 2019-08-12 | Reconsideration not accepted for filing, Letter from Registrar. | |
| 2019-07-19 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2019-06-21 |
Motion for reconsideration of the application for leave to appeal, (Letter Form), MISSING: 1) Proof of service (received) 2) Motion for extension of time (received 2019-07-10) , Completed on: 2019-07-19 |
N.E.T. |
| 2019-05-30 | Bill of costs, (Letter Form), Completed on: 2019-05-30, (Printed version filed on 2019-05-30) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-05-17 | Correspondence received from, (Letter Form), request of update on file. | N.E.T. |
| 2019-05-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-05-17 | Judgment on leave sent to the parties | |
| 2019-05-16 |
Judgment of the Court on the application for leave to appeal, The motions to adduce new evidence are dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA44844, 2018 BCCA 380, dated October 17, 2018, is dismissed with costs to the respondent, Her Majesty the Queen in Right of the Province of British Columbia. Dismissed, with costs |
|
| 2019-05-16 |
Decision on motion to adduce new evidence, See judgment on application. Dismissed |
|
| 2019-04-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-04-01 | Submission of motion to adduce new evidence, for consideration by the Court | |
| 2019-04-01 | Submission of miscellaneous motion, for consideration by the Court | |
| 2019-03-27 | Reply to motion to adduce new evidence, (Letter Form), Completed on: 2019-03-27 | N.E.T. |
| 2019-03-25 | Response to the motion to adduce new evidence, (Letter Form), Completed on: 2019-03-25 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-03-14 | Notice of name, (Letter Form) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-03-14 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-03-14 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-03-14 | Correspondence received from, (Letter Form), the applicant; summary of all documents filed. | N.E.T. |
| 2019-03-14 | Motion to adduce new evidence, (Letter Form), Completed on: 2019-03-14, (Printed version filed on 2019-03-14) | N.E.T. |
| 2019-03-11 | Applicant's reply to respondent's argument, (Book Form), Reply to IHA, Completed on: 2019-03-11 | N.E.T. |
| 2019-03-08 | Applicant's reply to respondent's argument, (Letter Form), Reply to the doctors, Completed on: 2019-03-08 | N.E.T. |
| 2019-03-01 | Certificate (on limitations to public access), (Letter Form), 23B | Kurt Buller |
| 2019-03-01 | Certificate (on limitations to public access), (Letter Form), 23A | Kurt Buller |
| 2019-03-01 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-03-01 | Kurt Buller |
| 2019-02-28 | Certificate (on limitations to public access), (Letter Form), 23B | Interior Health Authority |
| 2019-02-28 | Certificate (on limitations to public access), (Letter Form), 23A | Interior Health Authority |
| 2019-02-28 | Notice of name, (Letter Form) | Interior Health Authority |
| 2019-02-27 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2019-02-27 | N.E.T. |
| 2019-02-25 | Respondent's response on the application for leave to appeal, (Letter Form), 23A and Notice of Name missing-rec'd 2019/02/28, Completed on: 2019-02-28 | Interior Health Authority |
| 2019-02-21 | Respondent's response on the application for leave to appeal, (Letter Form), 23A and Notice of Name missing-rec'd 2019/03/14, Completed on: 2019-03-14 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-02-01 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019/02/01 | |
| 2018-12-20 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2018-12-19 | Certificate (on limitations to public access), (Letter Form), 23B | N.E.T. |
| 2018-12-19 | Notice of application for leave to appeal, Completed on: 2018-12-19 | N.E.T. |
| 2018-12-10 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-12-07 | Supplemental document, (Book Form), Court of Appeal Appeal Book | N.E.T. |
| 2018-12-07 | Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate rec'd 2018/12/19 | N.E.T. |
| 2018-12-07 | Notice of name, (Letter Form) | N.E.T. |
| 2018-12-07 | Notice of miscellaneous motion, (Letter Form), Motion to file report with the application, Completed on: 2018-12-07 | N.E.T. |
| 2018-12-07 | Correspondence received from, (Letter Form), fee waiver-granted 2019/01/21 | N.E.T. |
| 2018-12-07 |
Application for leave to appeal, (Book Form), Missing/Required: -Court of Appeal Order-rec'd 2019/01/07 -5 additional copies of all documents filed-rec'd 2018/12/19 -Proof of service-rec'd 2018/12/19 -Public Access to information form-rec'd 2018/12/13, Completed on: 2019-01-07 |
N.E.T. |
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 |
|---|---|---|
| N.E.T. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of British Columbia | Respondent | Active |
| Interior Health Authority | Respondent | Active |
| Royal Inland Hospital | Respondent | Active |
| Kamloops Mental Health & Substance Use | Respondent | Active |
| Buller, Kurt | Respondent | Active |
| Mabee, James | Respondent | Active |
Counsel
Party: N.E.T.
This party is not represented by counsel.
Party: Her Majesty the Queen in Right of the Province of British Columbia
Counsel
Legal Services Branch
1301 – 865 Hornby Street
Victoria, British Columbia
V6Z 2G3
Telephone: (250) 356-8877
FAX: (250) 356-8653
Email: fernando.delima@gov.bc.ca
Agent
225, montée Paiement, 2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Interior Health Authority
Counsel
1075 Georgia St. W.
Suite 2100
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 844-5573
FAX: (604) 688-1315
Email: afraser@guildyule.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Royal Inland Hospital
Counsel
1075 Georgia St. W.
Suite 2100
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 844-5573
FAX: (604) 688-1315
Email: afraser@guildyule.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Kamloops Mental Health & Substance Use
Counsel
1075 Georgia St. W.
Suite 2100
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 844-5573
FAX: (604) 688-1315
Email: afraser@guildyule.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Buller, Kurt
Counsel
3200 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 895-2906
FAX: (604) 669-9385
Email: krose@harpergrey.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Mabee, James
Counsel
3200 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 895-2906
FAX: (604) 669-9385
Email: krose@harpergrey.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Charter of Rights — Right to security of person — Discrimination — Limitation of Actions —Applicant commencing action for negligence assault and battery after expiry of applicable limitation period — Respondents seeking dismissal of action as statute barred — Whether Mental Health Act, R.S.B.C. 1996, c. 288 violates Charter — Whether there has been arbitrary adherence to limitation period in face of many marginalizing factors
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.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY)
From 2000 to 2013, the applicant was certified by the respondent physicians as an involuntary patient under the Mental Health Act, R.S.B.C. 1996, c. 288. He received treatment at the respondent hospital and in the community from the Kamloops Mental Health & Substance Use, both of which were operated at the relevant times by the respondent, Interior Health Authority. In July, 2016, the applicant brought an actions against the respondents seeking damages for, inter alia, negligent certification and treatment under the Mental Health Act, assault and battery in connection with his involuntary hospitalization and treatment. The respondents collectively applied for a summary trial for an order dismissing the action on the basis that it was barred by the two year limitation period applicable to personal injury claims. The trial judge granted the order and dismissed the applicant’s action. The applicant’s appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
53209, 2017 BCSC 1742
Respondents’ motion for summary judgment granted; Applicant’s action for damages for negligence and battery and assault dismissed as statute barred
Court of Appeal for British Columbia (Vancouver)
2018 BCCA 380, CA44844
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
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 613-996-8666 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