Case information
Consult our database for details on a Supreme Court of Canada case.
40347
Neil E. Thomson v. His Majesty the King in the Right of British Columbia, 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) |
|---|---|---|
| 2023-10-18 | Close file on Leave | |
| 2023-10-18 | Correspondence (sent by the Court) to, each party, Re: certificate of taxation | |
| 2023-10-17 | Certificate of taxation issued to, David W. Pilley | |
| 2023-10-17 | Decision on the bill of costs, (Mabee and Buller), in the amount of $1,079.05, Reg | |
| 2023-10-17 | Submission of the bill of costs, Reg | |
| 2023-08-16 | Bill of costs, Completed on: 2023-10-17 | James Mabee |
| 2023-06-02 | Correspondence (sent by the Court) to, parties, Re: certificate of taxation | |
| 2023-05-30 | Certificate of taxation issued to, Fernando de Lima | |
| 2023-05-30 | Decision on the bill of costs, in the amount of $1,077.70, Reg | |
| 2023-05-30 | Submission of the bill of costs, Reg | |
| 2023-03-20 | Bill of costs, Completed on: 2023-05-01 | His Majesty the King in the Right of British Columbia |
| 2023-03-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-16 | Judgment on leave sent to the parties | |
| 2023-03-16 |
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), Number CA47869, 2022 BCCA 173, dated June 2, 2022, is dismissed with costs to the respondents, His Majesty the King in Right of British Columbia, James Mabee, and Kurt Buller. Dismissed, with costs |
|
| 2023-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-30 | Order on miscellaneous motion, by CHANTAL CARBONNEAU | |
| 2023-01-30 |
Decision on the miscellaneous motion, Reg, UPON APPLICATION by the applicant for an order dispensing with the requirement to file an original and two copies of the printed version of his application for leave to appeal, pursuant to Rule 26(1)(b) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2023-01-30 | Submission of miscellaneous motion, Reg | |
| 2022-11-07 | Notice of miscellaneous motion, (Book Form), To be exempted from filing printed materials or have the filing requirements reduced, Completed on: 2022-11-21 | Neil E. Thomson |
| 2022-10-31 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-03-07) | Neil E. Thomson |
| 2022-10-18 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-11-01, (Printed version filed on 2023-02-07) | Neil E. Thomson |
| 2022-10-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-20) | His Majesty the King in the Right of British Columbia |
| 2022-10-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-01, (Printed version due on 2022-10-20) | His Majesty the King in the Right of British Columbia |
| 2022-10-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-20) | James Mabee |
| 2022-10-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-01, (Printed version due on 2022-10-20) | James Mabee |
| 2022-10-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-19) | Interior Health Authority |
| 2022-10-12 | Notice of name, (Letter Form), (Printed version due on 2022-10-19) | Interior Health Authority |
| 2022-10-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-01, (Printed version due on 2022-10-19) | Interior Health Authority |
| 2022-09-13 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-09-13 | |
| 2022-09-08 | Correspondence received from | Neil E. Thomson |
| 2022-08-29 | Affidavit, (Book Form), (Printed version due on 2022-09-06) | Neil E. Thomson |
| 2022-08-29 | Notice of name, (Letter Form), (Printed version filed on 2023-02-07) | Neil E. Thomson |
| 2022-08-29 |
Application for leave to appeal, (Book Form), Required: - Public access form - Rec'd 2022-10-31 - CA Order and Decision (June 2 and Feb. 1st, 2022) - Court Order Form rec'd 2022-09-14 Estimate as to when court order will be filed Oct. 14, 2022 - Draft Order rec'd 2022-10-13 - CA Order and Decision (June 2, 2022) - Rec'd 2022-11-14 - TC Order and Decision , Completed on: 2023-02-03, (Printed version due on 2022-09-06) |
Neil E. Thomson |
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 |
|---|---|---|
| Thomson, Neil E. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King in the Right of British Columbia | Respondent | Active |
| Mabee, James | Respondent | Active |
| Buller, Kurt | Respondent | Active |
| Interior Health Authority | Respondent | Active |
Counsel
Party: Thomson, Neil E.
This party is not represented by counsel.
Party: His Majesty the King in the Right of British Columbia
Counsel
Legal Services Branch
1301 – 865 Hornby Street
Victoria, British Columbia
V6Z 2G3
Telephone: (250) 356-8877
FAX: (250) 356-8653
Email: fernando.delima@gov.bc.ca
Party: Mabee, James
Counsel
Deanna Froese
3200 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 895-2906
Email: dpilley@harpergrey.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: Buller, Kurt
Counsel
Deanna Froese
3200 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 895-2906
Email: dpilley@harpergrey.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: Interior Health Authority
Counsel
2100-1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: djb@guildyule.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Charter of Rights — Right to life, liberty and security of the person (s. 7) — Right to equality (s. 15) —Limitation of Actions — Civil procedure — Estoppel — Res judicata — Whether an injustice occurred due to the arbitrary application of a limitation period — Whether deemed consent to psychiatric treatment in mental health legislation violates s. 7 of the Charter — Whether Court of Appeal perpetuated and supported a legislative framework that violates s. 15 of the Charter — Mental Health Act, R.S.B.C. 1996, c. 288
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.
In 2016, the applicant Neil E. Thomson commenced an action against Drs. Kurt Buller and James Mabee (together, the “respondent physicians”), and the respondents Interior Health Authority and the Crown in Right of British Columbia. That action was dismissed as time-barred by the Limitation Act, R.S.B.C. 1996, c. 266. Mr. Thomson’s appeal to the Court of Appeal for British Columbia and a subsequent application for leave to appeal to the Supreme Court of Canada were both dismissed.
In 2020, Mr. Thomson commenced another action against the same defendants, based on the same set of facts as in the 2016 action. Upon application by the respondents, the 2020 action was dismissed under the doctrine of res judicata. After the time to bring an appeal had expired, Mr. Thomson brought an application for an extension of time to file an application for leave to appeal.
The application was considered in chambers by a judge of the Court of Appeal. The chambers judge concluded that it was not in the interests of justice to grant an extension of time to bring the appeal, and dismissed the application. Mr. Thomson then applied to vary the chambers judge’s order. A three-judge panel of the Court of Appeal dismissed the application on the basis that Mr. Thomson had failed to demonstrate that the chambers judge had erred in dismissing the application for an extension of time.
Lower court rulings
Supreme Court of British Columbia
2020 BCSC 1591, 58631
Action dismissed
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 38, CA47869
Application for an order to extend the time period to bring an application for leave to appeal dismissed
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 173, CA47869
Application to vary the order of Goepel J.A. 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