Case information
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40211
Edward C. Gokey, et al. v. Gordon F. Usher and Patricia Ann Parsons, 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) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-12-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-01 | Judgment on leave sent to the parties | |
| 2022-12-01 |
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 British Columbia (Vancouver), Numbers CA45069 and CA45197, 2019 BCCA 470, dated December 10, 2019, is dismissed with costs to the respondents, Gordon F. Usher and Patricia Ann Parsons. Dismissed, with costs |
|
| 2022-10-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-10 | Applicant's reply to respondent's argument, (Letter Form), Reply to Usher/Parsons, Completed on: 2022-08-25, (Printed version filed on 2022-08-15) | Edward C. Gokey |
| 2022-08-09 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-08-16) | Gordon F. Usher and Patricia Ann Parsons |
| 2022-08-09 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-08-25, (Printed version due on 2022-08-16) | Gordon F. Usher and Patricia Ann Parsons |
| 2022-08-08 | Applicant's reply to respondent's argument, (Letter Form), Reply to AGBC, Completed on: 2022-08-25 | Edward C. Gokey |
| 2022-08-03 | Notice of name, (Letter Form), (Printed version due on 2022-08-10) | Attorney General of British Columbia |
| 2022-08-03 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-08-10) | Attorney General of British Columbia |
| 2022-08-03 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-08-04, (Printed version due on 2022-08-10) | Attorney General of British Columbia |
| 2022-06-16 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 06/16/2022 | |
| 2020-02-03 | Supplemental document, (Letter Form), Notice of Constitutional Question, (Electronic version filed on 2020-02-03) | Edward C. Gokey |
| 2020-02-03 | Notice of name, (Letter Form), (Printed version filed on 2020-02-03) | Edward C. Gokey |
| 2020-02-03 | General proceeding, (Letter Form), Certificate of the Record, (Electronic version filed on 2020-02-03) | Edward C. Gokey |
| 2020-02-03 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2020-02-03) | Edward C. Gokey |
| 2020-02-03 | Application for leave to appeal, (Book Form), BCCA Order missing-rec'd 07/12/2020, Completed on: 2020-07-12, (Printed version filed on 2020-02-03) | Edward C. Gokey |
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 |
|---|---|---|
| Gokey, Edward C. | Applicant | Active |
| Gokey, Diane B. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gordon F. Usher and Patricia Ann Parsons | Respondent | Active |
| Attorney General of British Columbia | Respondent | Active |
Counsel
Party: Gokey, Edward C.
This party is not represented by counsel.
Party: Gokey, Diane B.
This party is not represented by counsel.
Party: Gordon F. Usher and Patricia Ann Parsons
Counsel
Seventh Floor, 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 385-1411
FAX: (250) 413-3300
Email: jadams@cookroberts.bc.ca
Party: Attorney General of British Columbia
Counsel
1001 Douglas Street, 6th Floor
P.O. Box 9280, Station Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-7559
FAX: (250) 356-9154
Email: zachary.froese@gov.bc.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Charter of Rights and Freedoms — Right to equality — Courts — Jurisdiction — Appeals — Whether s. 6(2) of the Court of Appeal Act, R.S.B.C. 1996, c. 77 and s. 13(2) of the Small Claims Act, R.S.B.C. 1996, c. 430, which provide in combined effect that the Court of Appeal has no jurisdiction to hear appeals for small claims actions, breach s. 15 of the Charter.
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 Gokeys and their neighbours, Mr. Usher and Ms. Parsons, had competing claims over the use of a water well on their shared property line. In 2016, the Small Claims Division of the Provincial Court of British Columbia ordered the Gokeys pay for an easement around the well and for half of the costs of preparing the easement. In 2018, the Supreme Court of British Columbia dismissed the Gokeys’ appeal and their application to reconsider that decision, and rejected a further application for clarification. The Court of Appeal quashed the appeals for want of jurisdiction, confirming the legislature had constitutional authority to limit the court’s jurisdiction to hear appeals and the fact that other provinces may provide greater appeal rights cannot form the sole basis of a s. 15 Charter challenge.
Lower court rulings
Supreme Court of British Columbia
10479
Appeal dismissed
Supreme Court of British Columbia
10479
Application to reconsider dismissed
Court of Appeal for British Columbia (Vancouver)
2019 BCCA 470, CA45069, CA45197
Appeals quashed
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