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.
39627
Wesley Casbohm v. Winacott Spring Western Star Trucks and Geo Holdings Ltd.
(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) |
|---|---|---|
| 2022-01-27 | Close file on Leave | |
| 2022-01-27 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2022-01-27 | Certificate of taxation issued to, Respondent | |
| 2022-01-27 | Decision on the bill of costs, in the amount of $1,130.82, Reg | |
| 2022-01-27 | Submission of the bill of costs, Reg | |
| 2021-09-16 |
Bill of costs, MISSING: Filing fee (Rec'd 2022-02-04), Completed on: 2022-03-22 |
Winacott Spring Western Star Trucks and Geo Holdings Ltd. |
| 2021-07-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-07-29 | Judgment on leave sent to the parties | |
| 2021-07-29 |
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 CACV 3396, 2021 SKCA 21, dated March 17, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2021-06-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-06-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-06-25, (Printed version filed on 2021-06-14) | Wesley Casbohm |
| 2021-06-02 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-06-02) | Winacott Spring Western Star Trucks and Geo Holdings Ltd. |
| 2021-06-02 | Notice of name, (Letter Form), (Printed version filed on 2021-06-02) | Winacott Spring Western Star Trucks and Geo Holdings Ltd. |
| 2021-06-02 | Notice of change of solicitor, (Letter Form), Jason M. Clayards will remain counsel of record for the Respondents, however, he has changed firms., (Printed version due on 2021-06-09) | Winacott Spring Western Star Trucks and Geo Holdings Ltd. |
| 2021-06-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-06-03, (Printed version filed on 2021-06-02) | Winacott Spring Western Star Trucks and Geo Holdings Ltd. |
| 2021-05-03 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-05-03 | |
| 2021-04-06 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-04-08) | Wesley Casbohm |
| 2021-04-06 | Application for leave to appeal, (Book Form), require: filing fee (rec'd 2021-05-25), Completed on: 2021-05-25, (Printed version filed on 2021-04-08) | Wesley Casbohm |
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 |
|---|---|---|
| Casbohm, Wesley | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Winacott Spring Western Star Trucks and Geo Holdings Ltd. | Respondent | Active |
Counsel
Party: Casbohm, Wesley
Counsel
Samuel I. Schonhoffer
Eugene Meehan
Cory Giordano
700 - 1914 Hamilton St
Regina, Saskatchewan
S4P 3N6
Telephone: (306) 522-3030
FAX: (306) 522-3555
Email: jwilliams@grj.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Winacott Spring Western Star Trucks and Geo Holdings Ltd.
Counsel
800-1801 Hamilton Street
Regina, Saskatchewan
S4P 4B4
Telephone: (306) 565-6551
FAX: (306) 565-6565
Email: j.clayards@mckercher.ca
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9665
FAX: (613) 783-9686
Email: david.elliott@dentons.com
Summary
Keywords
Civil procedure — Evidence — Spoliation — Torts — Duty of care — When should Canadian courts draw an adverse inference based on spoliation — What remedies are available where spoliation is found — Is there a tort obligation to preserve material evidence — Is there an obligation to preserve an accident site and any equipment involved in an accident — Can and should a reasonably safe premise include defective equipment?
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.
Mr. Casbohm was injured when he fell from a ladder at the business premises of Winacott Spring Western Star Trucks which are owned by GEO Holdings Ltd. The ladder was disposed of shortly after the accident because it was damaged. Two years after the accident, Mr. Casbohm commenced an action in negligence and occupiers’ liability. Expert evidence is based on pictures of the scene and the ladder. The parties agreed to determine liability on summary judgment. The motions judge dismissed the action and the Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2019 SKQB 44 ;, QBG 998 of 2006 ;
Summary judgment dismissing action granted
Court of Appeal for Saskatchewan
2021 SKCA 21 ;, CACV 3396 ;
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