Case information
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39336
Darryl Quinlan, et al. v. Kirby Keith Thomas
(Saskatchewan) (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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2021-02-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-02-05 | Judgment on leave sent to the parties | |
| 2021-02-04 |
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 Saskatchewan, Number CACV3404, 2020 SKCA 82, dated July 8, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2020-12-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-11-05 | Notice of name, (Letter Form) | Kirby Keith Thomas |
| 2020-11-05 | Certificate (on limitations to public access), (Letter Form) | Kirby Keith Thomas |
| 2020-11-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-11-05 | Kirby Keith Thomas |
| 2020-10-06 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 10/06/20 | |
| 2020-09-24 | Certificate (on limitations to public access), (Letter Form) | Darryl Quinlan |
| 2020-09-24 | Application for leave to appeal, (Book Form), Missing: TC Order (rec' 10/06/20), Completed on: 2020-10-15 | Darryl Quinlan |
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 |
|---|---|---|
| Quinlan, Darryl | Applicant | Active |
| Quinlan, Amber | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Thomas, Kirby Keith | Respondent | Active |
Counsel
Party: Quinlan, Darryl
Counsel
321-6th Avenue North
Saskatoon, Saskatchewan
S7K 2S3
Telephone: (306) 652-8833
FAX: (306) 652-3333
Email: jabrametz@thebarristergroup.ca
Party: Quinlan, Amber
Counsel
321-6th Avenue North
Saskatoon, Saskatchewan
S7K 2S3
Telephone: (306) 652-8833
FAX: (306) 652-3333
Email: jabrametz@thebarristergroup.ca
Party: Thomas, Kirby Keith
Counsel
800 - 1801 Hamilton Street
Regina, Saskatchewan
S4P 4B4
Telephone: (306) 565-6519
FAX: (306) 653-2669
Email: m.tomka@mckercher.ca
Agent
148 Third Avenue
Ottawa, Ontario
K1S 2K1
Telephone: (613) 408-4297
FAX: (613) 651-0304
Email: gib@gibvanertlaw.com
Summary
Keywords
Civil procedure — Exception to dismiss action — Statute prohibiting civil actions for bodily injury except under specified circumstances arising from criminal convictions — Application to determine whether civil claim falling into specified circumstances — Chambers judge determining specified circumstances met as driver was convicted of impaired driving at time and place of collision with plaintiffs — Court of Appeal setting aside determination — When a question arises in a civil proceeding with regard to the circumstances of the commission of a criminal offence by one party and the party’s conviction rests on a plea of guilty, do the sentencing judge’s findings of facts form part of that conviction? — The Automobile Accident Insurance Act, RSS 1978, c. A 35, s. 104(2).
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 April 6, 2014, at around 12:30 p.m., the applicants and the respondent, Mr. Thomas, were involved in a motor vehicle collision in Saskatoon. Mr. Thomas was stopped by the police later that day, around 4:00 p.m., at a different location in Saskatoon and charged with four offences, including impaired driving. He pled guilty to that offence. The applicants brought civil actions against Mr. Thomas for non economic loss arising from personal injuries they allegedly sustained in the collision. A provision of The Automobile Accident Insurance Act, RSS 1978, c. A 35, bars the commencement of such actions but is subject to other provisions of that Act, including a section providing that an action for bodily injury can be pursued where the accident in question was caused by an at fault driver who is convicted of impaired driving. The applicants contend that Mr. Thomas was convicted of impaired driving at the time and place of the collision. Mr. Thomas denies that his conviction related to the collision with the applicants. The applicants applied for a determination on a question of law. The Chambers judge concluded that Mr. Thomas’s conviction applied to the collision with the applicants. The Court of Appeal allowed Mr. Thomas’s appeal.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
QBG 1602 of 2015, QBG 1603 of 2015
Applicants’ application on a question of law allowed; determination that respondent was convicted of impaired driving for driving at the time and place of the collision with the applicants.
Court of Appeal for Saskatchewan
2020 SKCA 82, CACV3404
Respondent’s appeal allowed; decision below set aside.
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