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.
40203
Kathleen Ann Jenkins v. Dennis Casey, et al.
(British Columbia) (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) |
|---|---|---|
| 2023-02-20 | Close file on Leave | |
| 2023-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-09 | Judgment on leave sent to the parties | |
| 2023-02-09 |
Judgment of the Court on the application for leave to appeal, The motion for extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46795, 2022 BCCA 64, dated February 17, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-09 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application Granted |
|
| 2022-12-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-19 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-08-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-08-25, (Printed version filed on 2022-08-22) | Kathleen Ann Jenkins |
| 2022-08-10 | Certificate (on limitations to public access) | Dennis Casey |
| 2022-08-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-08-25, (Printed version filed on 2022-08-10) | Dennis Casey |
| 2022-08-09 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2022-08-25, (Printed version due on 2022-08-16) | Dennis Casey |
| 2022-06-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-10 | |
| 2022-06-02 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-06-09) | Kathleen Ann Jenkins |
| 2022-06-02 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2022-06-10, (Printed version filed on 2022-06-09) | Kathleen Ann Jenkins |
| 2022-06-02 | Application for leave to appeal, (Book Form), require: Amended style of cause (Rec'd 2022-08-03), Completed on: 2022-08-04, (Printed version filed on 2022-06-09) | Kathleen Ann Jenkins |
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 |
|---|---|---|
| Jenkins, Kathleen Ann | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Casey, Dennis | Respondent | Active |
| Richmond Irving, Donald | Respondent | Active |
| Stanworth, Bailey Judith | Respondent | Active |
Counsel
Party: Jenkins, Kathleen Ann
Counsel
1750 – 700 West Georgia Street
Vancouver, British Columbia
B7Y 1B6
Telephone: (604) 662-7777
FAX: (604) 713-8083
Email: gcollette@cpclegal.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Casey, Dennis
Counsel
1744 – 1055 Dunsmuir Street
Vancouver, British Columbia
V7X 1L2
Telephone: (604) 899-5237
FAX: (604) 899-5216
Email: agunn@eyfordpartners.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Richmond Irving, Donald
Counsel
1744 – 1055 Dunsmuir Street
Vancouver, British Columbia
V7X 1L2
Telephone: (604) 899-5237
FAX: (604) 899-5216
Email: agunn@eyfordpartners.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Stanworth, Bailey Judith
Counsel
1744 – 1055 Dunsmuir Street
Vancouver, British Columbia
V7X 1L2
Telephone: (604) 899-5237
FAX: (604) 899-5216
Email: agunn@eyfordpartners.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Torts — Damages — Selection of the earnings approach or capital asset approach for determining an award for loss of future earning capacity — Use of contingencies to lower or raise the award — Application of the principle that the overall fairness and reasonableness of the award must be considered — Whether damages were improperly based on an assessment that the accident contributed 10 percent to injured party’s current condition or that there was a 90 percent chance that injured party’s current condition would be the same without the accident?
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. Jenkins was injured in a multi-vehicle accident in 2015. She commenced an action seeking $3,000,000 for loss of future earning capacity and $956,103 for other damages. The trial judge awarded $554,716.75, which included $301,590 for loss of future earning capacity. The Court of Appeal dismissed an appeal.
Lower court rulings
Supreme Court of British Columbia
2020 BCSC 391, M164451
$556,419.75 damages awarded
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 64, CA46795
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