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.
38696
Garth Laurrie Mackenzie, et al. v. Makiba Greenway-Brown, 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) |
|---|---|---|
| 2020-02-06 | Close file on Leave | |
| 2019-12-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-12-13 | Judgment on leave sent to the parties | |
| 2019-12-12 |
Judgment of the Court on the application for leave to appeal, The motion to join four Court of Appeal for British Columbia files in a single 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), Numbers CA45180; CA45181; CA45182 and CA45183, 2019 BCCA 137, dated April 24, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2019-12-12 |
Decision on the miscellaneous motion, See decision on application Granted, no order as to costs |
|
| 2019-11-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-11-12 | Submission of miscellaneous motion, for consideration by the Court | |
| 2019-09-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-09-06 | Garth Laurrie Mackenzie |
| 2019-08-27 | Certificate (on limitations to public access), (Letter Form), 23A | Makiba Greenway-Brown |
| 2019-08-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-08-27 | Makiba Greenway-Brown |
| 2019-07-09 | Correspondence received from, (Letter Form), Formal CA order expected in September 2019 | Garth Laurrie Mackenzie |
| 2019-06-27 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2019/06/27 | |
| 2019-06-24 | Notice of name, (Letter Form) | Insurance Corporation of British Columbia, John Doe and/or Jane Doe |
| 2019-06-24 | Certificate (on limitations to public access), (Letter Form) | Garth Laurrie Mackenzie |
| 2019-06-24 | Notice of miscellaneous motion, (Book Form), Motion to Join, Completed on: 2019-06-24 | Garth Laurrie Mackenzie |
| 2019-06-24 | Application for leave to appeal, (Book Form), BCCA Orders missing (rec' 10/21/19), Completed on: 2019-11-13 | Garth Laurrie Mackenzie |
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 |
|---|---|---|
| Mackenzie, Garth Laurrie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Greenway-Brown, Makiba | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Yang, Wenyi | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Greenway-Brown, Makiba | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Insurance Corporation of British Columbia, John Doe and/or Jane Doe | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Greenway-Brown, Makiba | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Kin Lee and Chi Tse | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Greenway-Brown, Makiba | Respondent | Active |
Counsel
Party: Mackenzie, Garth Laurrie
Counsel
Steven Hoyer
1744 - 1055 Dunsmuir Street
PO Box 49254
Vancouver, British Columbia
V7X 1L2
Telephone: (604) 899-5208
FAX: (604) 899-5216
Email: rparsons@eyfordpartners.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Yang, Wenyi
Counsel
Steven Hoyer
1744 - 1055 Dunsmuir Street
PO Box 49254
Vancouver, British Columbia
V7X 1L2
Telephone: (604) 899-5208
FAX: (604) 899-5216
Email: rparsons@eyfordpartners.com
Party: Insurance Corporation of British Columbia, John Doe and/or Jane Doe
Counsel
Steven Hoyer
1744 - 1055 Dunsmuir Street
PO Box 49254
Vancouver, British Columbia
V7X 1L2
Telephone: (604) 899-5208
FAX: (604) 899-5216
Email: rparsons@eyfordpartners.com
Party: Kin Lee and Chi Tse
Counsel
Steven Hoyer
1744 - 1055 Dunsmuir Street
PO Box 49254
Vancouver, British Columbia
V7X 1L2
Telephone: (604) 899-5208
FAX: (604) 899-5216
Email: rparsons@eyfordpartners.com
Party: Greenway-Brown, Makiba
Counsel
Reilly Pollard
1800 - 401 West Georgia Street
Vancouver, British Columbia
V6B 5A1
Telephone: (604) 687-1323
FAX: (604) 687-2347
Email: tdelaney@lklaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Torts — Negligence — Damages — Respondent claiming to have suffered injuries in series of five motor vehicle accidents — Court of Appeal overturning dismissal of actions — Is rule in Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 that compensable injury must be “serious and prolonged” and objectively “reasonably foreseeable” in person of ordinary fortitude confined to claims of mental injury? — Does Mustapha's "serious and prolonged" threshold requirement to establish the existence of "damage" apply to all personal injury negligence claims or are there two different tests to determine damage, one for physical injury, another for mental injury? — Are generalizations of trier of fact, drawn from logic, human experience, and common sense, proper bases upon which to infer facts, or are such generalizations improper unless supported by expert evidence?
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.
Ms. Greenway Brown was allegedly injured in a series of five motor vehicle accidents that occurred between November 2014 and June 2017. In the first accident, she rear ended another vehicle. Three of the accidents occurred in parking lots with little vehicular damage. In the other accident, Ms. Greenway Brown’s vehicle was rear ended by another vehicle whose driver left the scene. Damage to her vehicle in all of these accidents was minimal. She claimed to have suffered soft tissue type injuries in all of the accidents. The trial judge dismissed the five actions. The Court of Appeal allowed the respondent’s appeals in four of the actions and ordered new trials.
Lower court rulings
Supreme Court of British Columbia
M174207, M178385, M178386, M178422, 2018 BCSC 287
Respondent’s five actions for damages dismissed
Court of Appeal for British Columbia (Vancouver)
2019 BCCA 137, CA45180; CA45181; CA45182, CA45183
Respondent’s appeals allowed in part and new trials ordered in four actions
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
Not available