Case information
Consult our database for details on a Supreme Court of Canada case.
38515
Joseph Campisi v. Her Majesty the Queen in Right of Ontario as Represented by the Attorney General of Ontario, et al.
(Ontario) (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) |
|---|---|---|
| 2019-07-05 | Close file on Leave | |
| 2019-06-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-06-21 | Judgment on leave sent to the parties | |
| 2019-06-20 |
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 Ontario, Number C64008, 2018 ONCA 869, dated October 23, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2019-06-20 |
Decision on motion to extend time to file and /or serve the leave application, See decision on Application. Granted |
|
| 2019-05-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-05-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2019-04-01 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-04-01 | Joseph Campisi |
| 2019-03-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-03-25 | Her Majesty the Queen in Right of Ontario as Represented by the Attorney General of Ontario |
| 2019-03-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-03-21 | Joseph Campisi |
| 2019-03-14 | Certificate (on limitations to public access), (Letter Form) | Insurance Bureau of Canada |
| 2019-03-14 | Notice of name, (Letter Form) | Insurance Bureau of Canada |
| 2019-03-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-03-14 | Insurance Bureau of Canada |
| 2019-02-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2019-02-08 | Certificate (on limitations to public access), (Letter Form), Amended 23A required (rec' 02/21/19) | Joseph Campisi |
| 2019-02-08 | 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: 2019-02-20 | Joseph Campisi |
| 2019-02-08 | Application for leave to appeal, (Book Form), Completed on: 2019-02-20 | Joseph Campisi |
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 |
|---|---|---|
| Campisi, Joseph | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Ontario as Represented by the Attorney General of Ontario | Respondent | Active |
| Insurance Bureau of Canada | Respondent | Active |
Counsel
Party: Campisi, Joseph
Counsel
1062 College Street
Lower Level
Toronto, Ontario
M6H 1A9
Telephone: (416) 735-0559
FAX: (416) 530-8129
Email: rglfpc@gmail.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Her Majesty the Queen in Right of Ontario as Represented by the Attorney General of Ontario
Counsel
7th Floor
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4460
FAX: (416) 326-4015
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Insurance Bureau of Canada
Counsel
Justin Manoryk
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-3859
FAX: (416) 863-2653
Email: jeff.galway@blakes.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Insurance — Automobile insurance — Pre trial recovery of lost income — Jurisdiction to the Licence Appeal Tribunal to resolve Statutory Accident Benefits Schedule disputes — Standing to bring Charter application — Whether affidavit evidence by the applicant is a pre requisite for public interest standing when ample evidence is present from others — Whether the Court of Appeal upheld a decision that reverses this Court’s decision in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45, [2012] 2 S.C.R. 524 — Whether ss. 267.5(1) and 280 of the Insurance Act, R.S.O. 1990, c. I.8, infringe ss. 7 and 15 of the Canadian Charter of Rights and Freedoms — Whether s. 280 violates s. 96 of the Constitution Act, 1867.
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.
The applicant, Mr. Campisi, is a personal injury lawyer. He challenges the constitutionality of two automobile accident provisions in the Insurance Act, R.S.O. 1990, c. I.8: s. 267.5(1) which limits the pre trial recovery of lost income to 70 percent of gross income, and s. 280 which grants sole jurisdiction to the Licence Appeal Tribunal (“LAT”) to resolve Statutory Accident Benefits Schedule (“SABS”) disputes, subject only to appeals on questions of law or applications for judicial review. In Mr. Campisi’s view, the impugned provisions infringe his rights guaranteed by ss. 7 and 15 of the Canadian Charter of Rights and Freedoms. He also argues that giving the LAT jurisdiction to decide SABS disputes and eliminating the parallel court option violates s. 96 of the Constitution Act, 1867. The Superior Court dismissed the application on the basis that Mr. Campisi had no standing (private or public) to bring it. In the event that it was wrong, the court would have dismissed the application on the merits. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2017 ONSC 2884, CV-15-520150
Application for declaration that ss. 267.5(1) and 280 of the Insurance Act, R.S.O. 1990, c. I.8, infringe ss. 7 and 15 of the Canadian Charter of Rights and Freedoms and that s. 280 violates s. 96 of the Constitution Act, 1867, dismissed
Court of Appeal for Ontario
2018 ONCA 869, C64008
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