Case information
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40407
Calder Seamus McCormick v. Stephen Patrick Pearson, 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) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
Judgment of the Court on the application for leave to appeal, The motion for an 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 CA46961, 2022 BCCA 219, dated June 23, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-03-30 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-02-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-11-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-11-24 | Calder Seamus McCormick |
| 2022-11-17 | Certificate (on limitations to public access), Public access to information form | Calder Seamus McCormick |
| 2022-11-15 | Certificate (on limitations to public access), 23A | Stephen Patrick Pearson |
| 2022-11-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-24, (Printed version filed on 2022-11-21) | Stephen Patrick Pearson |
| 2022-10-25 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-10-25 | |
| 2022-09-23 |
Application for leave to appeal, (Book Form), REQUIRED: - Motion to extend time to file and serve - rec'd 2022-11-17 - CA order (signed) - rec'd 2022-11-18 - TC order (signed) - rec'd 2022-11-17 - Separate Notice / memorandum - rec'd 2022-11-17 - Public access to information - rec'd 2022-11-17, Completed on: 2022-11-24 |
Calder Seamus McCormick |
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 |
|---|---|---|
| McCormick, Calder Seamus | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pearson, Stephen Patrick | Respondent | Active |
| Pearson, Lidia Diana | Respondent | Active |
Counsel
Party: McCormick, Calder Seamus
This party is not represented by counsel.
Party: Pearson, Stephen Patrick
Counsel
Aaron D. Gubeli
2100-1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: jdoyle@guildyule.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Pearson, Lidia Diana
Counsel
Aaron D. Gubeli
2100-1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: jdoyle@guildyule.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Summary
Keywords
Torts — Duty of Care — Applicant’s claim in negligence against the respondents dismissed —Appeal dismissed — Whether there was a duty of care owed — Whether the trial judge erred in his foreseeability analysis — Whether the lower courts erred.
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 attended a party at the respondents’ home where underage people were permitted to consume alcohol and drugs. The applicant and a friend left the party on foot but later stole a vehicle which crashed, injuring the applicant. The friend died. The trial judge dismissed the applicant’s claim in negligence against the respondents on the basis that no duty of care was owed to him, as the harm which occurred was not reasonably foreseeable. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
2020 BCSC 881, S148167
Applicant’s claim dismissed
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 219, CA46961
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