Case information
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40176
Celia Yang v. SCM Insurance Services Inc. (a.k.a. CIRA Medical Services Inc.), et al.
(Ontario) (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, See decision on application , The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69292, 2022 ONCA 178, dated March 2, 2022, is dismissed with costs in accordance with the Tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada, awarded to the respondents Robert Brian Hines, SCM Insurance Services Inc. (a.k.a. CIRA Medical Services Inc.), SCM Insurance Services GP Dismissed, with costs |
|
| 2022-08-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-07 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-07 | |
| 2022-05-31 | Certificate (on limitations to public access), 23A | Dr. Robert Brian Hines |
| 2022-05-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-07, (Printed version filed on 2022-06-03) | Dr. Robert Brian Hines |
| 2022-05-25 | Notice of name, (Letter Form), (Printed version filed on 2022-07-18) | SCM Insurance Services Inc. (a.k.a. CIRA Medical Services Inc.) |
| 2022-05-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-07-18) | SCM Insurance Services Inc. (a.k.a. CIRA Medical Services Inc.) |
| 2022-05-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-07, (Printed version filed on 2022-07-18) | SCM Insurance Services Inc. (a.k.a. CIRA Medical Services Inc.) |
| 2022-05-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-05-06) | Celia Yang |
| 2022-05-02 | Application for leave to appeal, (Book Form), Completed on: 2022-05-02, (Printed version filed on 2022-05-06) | Celia Yang |
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 |
|---|---|---|
| Yang, Celia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| SCM Insurance Services Inc. (a.k.a. CIRA Medical Services Inc.) | Respondent | Active |
| SCM Insurance Services GP Inc. | Respondent | Active |
| Dr. Abraham Orner (a.k.a. Dr. Avi Orner) | Respondent | Active |
| Ang, Ariel | Respondent | Active |
| Hines, Dr. Robert Brian | Respondent | Active |
| Ghatas, Ranya | Respondent | Active |
| SmartSimple Software Inc. | Respondent | Active |
| CIRA Health Solutions LP | Respondent | Active |
Counsel
Party: Yang, Celia
Counsel
Ashu Ismail
Peter Murray
7050 Weston Road
Suite 101
Vaughan, Ontario
L4L 8G7
Telephone: (416) 203-1115
FAX: (416) 203-7775
Email: joseph@campisilaw.ca
Party: SCM Insurance Services Inc. (a.k.a. CIRA Medical Services Inc.)
Counsel
6 Adelaide Street East
Suite 800
Toronto, Ontario
M5C 1H6
Telephone: (416) 979-2020
Email: lakazaki@gilbertsondavis.com
Party: SCM Insurance Services GP Inc.
Counsel
6 Adelaide Street East
Suite 800
Toronto, Ontario
M5C 1H6
Telephone: (416) 979-2020
Email: lakazaki@gilbertsondavis.com
Party: Dr. Abraham Orner (a.k.a. Dr. Avi Orner)
Counsel
6 Adelaide Street East
Suite 800
Toronto, Ontario
M5C 1H6
Telephone: (416) 979-2020
Email: lakazaki@gilbertsondavis.com
Party: Ang, Ariel
Counsel
6 Adelaide Street East
Suite 800
Toronto, Ontario
M5C 1H6
Telephone: (416) 979-2020
Email: lakazaki@gilbertsondavis.com
Party: Hines, Dr. Robert Brian
Counsel
Kathleen Glowach
130 Adelaide Street West,
Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3095
FAX: (416) 865-9010
Email: aposno@litigate.com
Party: Ghatas, Ranya
Counsel
439 University Avenue
Suite 2300
Toronto, Ontario
M5G 1Y8
Telephone: (416) 596-7724
Email: vkotoulas@fcl-law.com
Party: SmartSimple Software Inc.
Counsel
603 1/2 Parliament Street
Toronto, Ontario
M4X 1P9
Telephone: (647) 771-2416
Email: daniel@freudmanlaw.com
Party: CIRA Health Solutions LP
Counsel
6 Adelaide Street East
Suite 800
Toronto, Ontario
M5C 1H6
Telephone: (416) 979-2020
Email: lakazaki@gilbertsondavis.com
Summary
Keywords
Courts — Jurisdiction — Insurance — Automobile insurance — Scope of s. 280 of the Insurance Act — Applicant injured in motor vehicle accident and bringing action concerning how her automobile accident insurer administered her claims for statutory accident benefits — Action dismissed by lower courts for lack of jurisdiction and no tenable cause of action — Whether s. 280 extinguishes all common law torts — Whether s. 280 confers upon tribunal power to adjudicate and remedy tortious conduct of third-parties — If so, whether s. 280 encroaches upon inherent/core jurisdiction of superior courts — Insurance Act, R.S.O. 1990, c. I-8, s. 280.
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 was injured in a motor vehicle accident and brought an action concerning how her automobile accident insurer administered her claims for statutory accident benefits. She sued several people including the insurance company, employees of the insurance company, health professionals and a software developer who developed a document management computer program used in the automobile accident insurance industry. Some of the respondents brought a motion to strike the claim.
The motion judge dismissed the applicant’s action. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 1540, CV-19-00626598-0000
Applicant’s action dismissed.
Court of Appeal for Ontario
2022 ONCA 178, C69292
Appeal dismissed.
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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