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.
38750
Rawia Salman v. Shawn Patey, 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) |
|---|---|---|
| 2020-08-24 | Close file on Leave | |
| 2020-08-24 | Correspondence (sent by the Court) to, the applicant. Letter from Deputy Registrar. | |
| 2020-03-30 | Correspondence received from, (Letter Form), the applicant, in response to the Registrar's letter dated March 10, 2020. | Rawia Salman |
| 2020-03-10 | Reconsideration not accepted for filing, Letter from Registrar. | |
| 2020-01-10 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2020-01-06 |
Motion for reconsideration of the application for leave to appeal, (Book Form), Including: 1) request for a stay of all proceedings and of all costs orders 2) fee waiver request, Completed on: 2020-01-06 |
Rawia Salman |
| 2019-12-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-12-06 | Judgment on leave sent to the parties | |
| 2019-12-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M50053 (M49985), 2019 ONCA 365, dated May 2, 2019, is dismissed without costs. Dismissed, without costs |
|
| 2019-10-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-03 | Certificate (on limitations to public access), (Letter Form) | Shawn Patey |
| 2019-09-06 | Respondent's response on the application for leave to appeal, (Letter Form), We miss form 23A (rec' 2019-10-03), Completed on: 2019-09-06 | Shawn Patey |
| 2019-08-09 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 08/09/19 | |
| 2019-07-19 | Letter acknowledging receipt of an application for leave to appeal | |
| 2019-06-28 | Correspondence received from, (Letter Form), Fee waiver request | Rawia Salman |
| 2019-06-28 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Rawia Salman |
| 2019-06-28 | Application for leave to appeal, (Book Form), Missing: 5 copies of all materials filed, Completed on: 2019-10-22 | Rawia Salman |
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 |
|---|---|---|
| Salman, Rawia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Patey, Shawn | Respondent | Active |
| Patey Law Group | Respondent | Active |
Counsel
Party: Salman, Rawia
This party is not represented by counsel.
Party: Patey, Shawn
Counsel
2 St. Clair Avenue West
Suite 500
Toronto, Ontario
M4V 1L5
Telephone: (416) 214-1200 Ext: 32
FAX: (416) 214-9040
Email: ssack@rosensack.com
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8311
FAX: (613) 788-3667
Email: christopher.rootham@nelliganlaw.ca
Party: Patey Law Group
Counsel
2 St. Clair Avenue West
Suite 500
Toronto, Ontario
M4V 1L5
Telephone: (416) 214-1200 Ext: 32
FAX: (416) 214-9040
Email: ssack@rosensack.com
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8311
FAX: (613) 788-3667
Email: christopher.rootham@nelliganlaw.ca
Summary
Keywords
Torts — Professional liability — Negligence — Whether motion judge erred in dismissing applicant’s action — Whether Court of Appeal erred in dismissing applicant’s motion for an extension of time to appeal — Whether application for leave to appeal raises issues of public importance.
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.
On June 3, 2006, Rawia Salman was involved in a motor vehicle accident. She brought a statement of claim against the respondents, a lawyer and his firm, alleging that they were negligent in their representation of her for the motor vehicle accident, her statutory accident benefits, her disability claims, and her life insurance. The motion judge found that Ms. Salman knew of Mr. Patey’s alleged negligence in January of 2009 when she dismissed him as her counsel. As a result, she was barred by the Limitations Act, 2002, SO 2002, c 24, Sch B, from bringing an action against Mr. Patey and his firm many years later. The judge granted the motion for summary judgment and dismissed Ms. Salman’s action. The Court of Appeal for Ontario subsequently dismissed a motion for an extension of time to appeal the summary judgment. No reasons were provided beyond the order. In a separate three paragraph judgment, the Court of Appeal for Ontario reviewed the dismissal of the motion for an extension of time to appeal. It determined that the motion judge applied the correct test and made no error. It dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2016 ONSC 7999, CV-14-497689
Motion for summary judgment granted and claims of negligence dismissed.
Court of Appeal for Ontario
M49985
Motion for an extension of time to appeal dismissed.
Court of Appeal for Ontario
2019 ONCA 365, M50053
Appeal of motion for extension of time to 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 613‑996‑7933 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