Case information
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39842
Helen Rebeyka v. Saskatchewan Government Insurance
(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) |
|---|---|---|
| 2022-03-08 | Close file on Leave | |
| 2022-02-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-02-10 | Judgment on leave sent to the parties | |
| 2022-02-10 |
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 3800, dated July 19, 2021, is dismissed. Dismissed |
|
| 2022-01-11 | Notice of change of solicitor | Saskatchewan Government Insurance |
| 2022-01-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-12-10 | Certificate (on limitations to public access), 23A | Saskatchewan Government Insurance |
| 2021-11-18 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-11-25) | Saskatchewan Government Insurance |
| 2021-11-18 | Notice of name, (Letter Form), (Printed version due on 2021-11-25) | Saskatchewan Government Insurance |
| 2021-11-18 | Respondent's response on the application for leave to appeal, (Book Form), require: 23A (rec'd 2021-12-10), Completed on: 2022-01-10, (Printed version due on 2021-11-25) | Saskatchewan Government Insurance |
| 2021-10-22 | Correspondence received from, (Letter Form), The Attorney General will not be making any submissions with respect to the Application for Leave to Appeal. , (Printed version due on 2021-10-29) | Attorney General of Saskwatchewan |
| 2021-10-21 |
Correspondence received from, (Letter Form), The Attorney General of Canada will not file a response to the Application for Leave to appeal filed in this matter. , (Printed version due on 2021-10-28) |
Attorney General of Canada |
| 2021-10-19 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-10-19 | |
| 2021-09-17 | Certificate (on limitations to public access), Proof of service require | Helen Rebeyka |
| 2021-09-17 |
Application for leave to appeal, (Book Form), Require: - Name and contact information of counsel for the Interveners rec'd 2021-10-14 - Proof of service rec'd 2021-10-15, Completed on: 2021-10-19, (Printed version due on 2021-09-24) |
Helen Rebeyka |
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 |
|---|---|---|
| Rebeyka, Helen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Saskatchewan Government Insurance | Respondent | Active |
Counsel
Party: Rebeyka, Helen
Counsel
321-6th Avenue North
Saskatoon, Saskatchewan
S7K 2S3
Telephone: (306) 652-8833 Ext: 1
FAX: (306) 652-3333
Email: jabrametz@thebarristergroup.ca
Party: Saskatchewan Government Insurance
Counsel
1500-1881 Scarth Street
Regina, Saskatchewan
S4P 4K9
Telephone: (306) 565-5106
FAX: (306) 359-0785
Email: lwihak@mcdougallgauley.com
Agent
350-220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 565-2292 Ext: 214
FAX: (613) 565-2087
Email: abrunet@plaideurs.ca
Summary
Keywords
Constitutional law — Courts — Powers granted to courts — Right of appeal — Whether a provincial legislature can vest a statutory de novo hearing body with the judicial functions of a s. 96 of the Constitution Act, 1867 superior court, and, if so, whether it can do so without concurrently providing a right of appeal to a s. 96 superior court — When a statute such as s. 194(1) of the Automobile Accident Insurance Act, R.S.S. 1978, c. A 35, gives a right to appeal at law to a Court of Appeal with leave, and where no access to a superior court has been had, whether ss. 96 100 of the Constitution Act, 1867, have an effect on the standard for granting leave to appeal where the prospective appellant has never had access to a superior court?
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. Rebeyka was involved in motor vehicle accidents on December 19, 2006, February 26, 2007, and December 15, 2007. She applied for benefits under the Automobile Accident Insurance Act, R.S.S. 1978, c. A 35, in relation to the first and third accidents. Saskatchewan Government Insurance (“SGI”) opened a file concerning the second accident and referred to that file in its correspondence. SGI paid Ms. Rebeyka benefits for a period of time.
On February 19, 2010, the Commission sent Ms. Rebeyka a decision letter in which it reported its finding that her low back pain was not caused by the accidents. Then, on October 19, 2016, it send a second decision letter in which it reported its finding that her post-traumatic stress disorder and depression were not caused by the accidents.
The Commission concluded that Ms. Rebeyka had not sustained a lower back injury in any of the accidents. It further found that Ms. Rebeyka had recovered from the mental health injuries or conditions that were linked to the motor vehicle accidents. Her present mental health injuries or conditions were not caused by or linked to the accidents.
Leave to appeal the decision was denied by a single judge of the Court of Appeal.
Lower court rulings
Automobile Injury Appeal Commission
075 of 2007, 2021 SKAIA 006
Appeals de novo of two decision letters from Automobile Injury Commission dismissed; decision letters upheld
Court of Appeal for Saskatchewan
CACV 3800
Application for leave 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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