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.
38913
Gary William Martin v. Bridge City Chrysler, et al.
(Alberta) (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) |
|---|---|---|
| 2020-07-13 | Close file on Leave | |
| 2020-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-03 | Judgment on leave sent to the parties | |
| 2020-04-02 |
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 of Alberta (Calgary), Number 1901-0056-AC, 2019 ABCA 347, dated September 20, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-02-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-02-14 | Book of authorities, (Book Form), Completed on: 2020-02-14 | Gary William Martin |
| 2020-01-27 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-01-27 | Gary William Martin |
| 2020-01-16 | Notice of name, (Letter Form) | Bridge City Chrysler |
| 2020-01-16 | Certificate (on limitations to public access), (Letter Form) | Bridge City Chrysler |
| 2020-01-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-16 | Bridge City Chrysler |
| 2019-12-05 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019-12-05 | |
| 2019-11-18 | Book of authorities, (Book Form), Completed on: 2019-11-18 | Gary William Martin |
| 2019-11-18 | Certificate (on limitations to public access), (Letter Form), 23A | Gary William Martin |
| 2019-11-18 | Application for leave to appeal, (Book Form), Completed on: 2019-11-18 | Gary William Martin |
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 |
|---|---|---|
| Martin, Gary William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bridge City Chrysler | Respondent | Active |
| Chrysler Canada Inc. | Respondent | Active |
Counsel
Party: Martin, Gary William
Counsel
150 - 4th St. South
Lethbridge, Alberta
T1J 5G4
Telephone: (403) 328-5577
FAX: (403) 327-1141
Email: tbissett@stringam.ca
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: msandilands@conwaylitigation.ca
Party: Bridge City Chrysler
Counsel
Corey Villeneuve (Law Clerk)
2500 Stantec Tower
10220 - 103 Avenue NW
Edmonton, Alberta
T5J 0K4
Telephone: (780) 423-7100
FAX: (780) 423-7276
Email: lorena.harris@dentons.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Party: Chrysler Canada Inc.
Counsel
Corey Villeneuve (Law Clerk)
2500 Stantec Tower
10220 - 103 Avenue NW
Edmonton, Alberta
T5J 0K4
Telephone: (780) 423-7100
FAX: (780) 423-7276
Email: lorena.harris@dentons.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
Civil procedure — Case management — Expert evidence — Application for matter to be heard by civil jury denied — What is legal framework for a pre trial management of proposed experts — How should principles of White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, [2015] 2 S.C.R. 182 be applied before trial — What is nature of right to judge and jury trial in civil context.
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, Gary William Martin commenced two actions arising out of a 2007 motor vehicle collision. One has since been resolved. In the other, the applicant first applied in 2017 to have the trial heard by a civil jury, pursuant to s. 17 of the Jury Act, R.S.A. 2000, c. J 3.
The case management judge gave the parties time to take steps under the Alberta Rules of Court to manage the expert evidence. Nothing was done. The applicant filed a new application for a civil jury trial and applied for a procedural order with a view to simplifying the expert testimony for the jury. The applicant asked the court to direct conflicting expert witnesses to confer with one another to narrow the issues and identify the points on which their views agreed and differed and provide a signed written statement for use at trial.
The case management judge refused to order that this negligence action be tried by a civil jury. He also refused to make a procedural order directing that competing experts meet and provide a signed statement identifying facts on which they agree or disagree, for the purpose of streamlining the expert evidence.
The Court of Appeal dismissed the appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
0806 00114, 2019 ABQB 71
Amendments to Statement of Claim allowed; request for procedural order denied; matter to proceed to trial by judge alone and the application for this matter to be heard by a civil jury denied.
Court of Appeal of Alberta (Calgary)
1901-0056-AC, 2019 ABCA 347
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