Case information
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40122
Cory J. Edmondson v. Cole Edmondson, et al.
(New Brunswick) (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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-29 | Judgment on leave sent to the parties | |
| 2022-09-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal and the application for leave to cross-appeal from the judgment of the Court of Appeal of New Brunswick, Number 27-21-CA, 2022 NBCA 4, dated January 27, 2022, are dismissed with costs. Dismissed, with costs |
|
| 2022-08-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-22 | All material on the application for leave to cross-appeal submitted to the Judges, for consideration by the Court | |
| 2022-08-09 | Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), Counsel for the Respondents/Cross-Applicants in the above-captioned matter will not be filing a Reply to the Cross-Application Response. , Completed on: 2022-08-19, (Printed version due on 2022-08-16) | Cole Edmondson |
| 2022-08-08 | Memorandum of argument in response to the cross-appeal, (Book Form), Completed on: 2022-08-19, (Printed version filed on 2022-08-10) | Cory J. Edmondson |
| 2022-07-18 | Memorandum of argument in response to the cross-appeal, (Letter Form), The Estate of Doreen Phillips will not participate in the Application for Leave to Cross-Appeal, Completed on: 2022-07-19, (Printed version filed on 2022-07-21) | Estate of Doreen Phillips |
| 2022-06-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-07-04, (Printed version filed on 2022-06-20) | Cory J. Edmondson |
| 2022-06-09 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-06-16) | Cole Edmondson |
| 2022-06-09 | Book of authorities, (Book Form), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) | Cole Edmondson |
| 2022-06-09 | Application for leave to cross-appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) | Cole Edmondson |
| 2022-06-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) | Cole Edmondson |
| 2022-05-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-05-10 | |
| 2022-04-13 | Respondent's response on the application for leave to appeal, (Letter Form), The Estate of Doreen Phillips will not participate in the Leave to Appeal; the Estate reserves the right to participate in the Appeal should leave be granted. , Completed on: 2022-05-10, (Printed version due on 2022-04-22) | Estate of Doreen Phillips |
| 2022-03-24 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-03-31) | Cory J. Edmondson |
| 2022-03-24 | Application for leave to appeal, (Book Form), require: CA Order (rec'd electronic copy 2022-06-16; rec'd paper copy 2022-06-20), Completed on: 2022-07-04, (Printed version due on 2022-03-31) | Cory J. Edmondson |
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 |
|---|---|---|
| Edmondson, Cory J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Edmondson, Cole | Respondent | Active |
| Michelle MacDonald as litigation guardian for Cole Edmondson | Respondent | Active |
| Estate of Doreen Phillips | Respondent | Active |
Counsel
Party: Edmondson, Cory J.
Counsel
Emilie S Jerome
P.O. Box 6907
75 Prince William Street, 4th Floor
Saint John, New Brunswick
E2L 2B2
Telephone: (506) 633-4219
FAX: (506) 633-5902
Email: mdb@brentonkean.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Edmondson, Cole
Counsel
201-212 Queen Street
Fredericton, New Brunswick
E3B 1A8
Telephone: (506) 455-1996
FAX: (506) 455-1998
Email: george@mcallister-law.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Michelle MacDonald as litigation guardian for Cole Edmondson
Counsel
201-212 Queen Street
Fredericton, New Brunswick
E3B 1A8
Telephone: (506) 455-1996
FAX: (506) 455-1998
Email: george@mcallister-law.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Estate of Doreen Phillips
Counsel
919 Prospect Street
Suite 200
Fredericton, New Brunswick
E3B 2T7
Telephone: (506) 462-4000
FAX: (506) 462-4001
Email: steven.barnett@fosterandcompany.com
Summary
Keywords
Torts — Negligence — Parental duty of care — Motor vehicle accident — How to apply the causation analysis where multiple negligent factors are present at the time of a loss, including intervening negligence by a third party — Can an individual be held liable in negligence where there is a lack of causal connection between their own, separate conduct and conduct which directly produces the damages sustained in an accident — Is there a difference between material contribution to risk and material contribution to harm — How should causation issues be determined in the context of a summary judgment motion?
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. Edmondson took his son, Cole Edmondson, as a rear passenger on a motorcycle. The motorcycle was designed to carry only one person. Mr. Edmondson used a homemade seat, strapped Cole to his body, and did not use an appropriate helmet or available protective clothing. The motorcycle collided with an oncoming car making an improper left turn driven by Doreen Phillips. Cole sustained significant injuries. In a subsequent tort action, a motions judge granted summary judgment finding the Estate of Doreen Phillips liable and denied summary judgment determining Mr. Edmondson’s liability and determining and apportioning damages. The Court of Appeal granted an appeal and found Mr. Edmondson liable.
Lower court rulings
Court of Queen’s Bench of New Brunswick
2021 NBQB 53, FC/221/14
Summary judgment granted finding the Estate of Doreen Phillips liable; application denied for summary judgment finding Cory J. Edmondson liable; application for summary judgment determining and apportioning damages denied
Court of Appeal of New Brunswick
2022 NBCA 4, 27-21-CA
Appeal allowed in part, summary judgment entered finding Cory J. Edmondson liable
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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