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.
40479
Nissan Canada Inc., et al. v. Tobias Mueller
(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) |
|---|---|---|
| 2023-05-12 | Close file on Leave | |
| 2023-05-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-04 | Judgment on leave sent to the parties | |
| 2023-05-04 |
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 CA47358, 2022 BCCA 338, dated October 5, 2022 is dismissed with costs. Dismissed, with costs |
|
| 2023-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-03) | Nissan Canada Inc. |
| 2023-01-24 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-01-24) | Tobias Mueller |
| 2023-01-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-01-24) | Tobias Mueller |
| 2023-01-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-01-25, (Printed version filed on 2023-01-24) | Tobias Mueller |
| 2022-12-13 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-12-13 | |
| 2022-12-05 | Notice of name, (Letter Form), (Printed version filed on 2022-12-06) | Nissan Canada Inc. |
| 2022-12-05 | Certificate (on limitations to public access), (Book Form), 23A & 23B, (Printed version filed on 2022-12-06) | Nissan Canada Inc. |
| 2022-12-05 |
Application for leave to appeal, (Book Form), Required: -CA formal order (Court Order Form rec'd 2022-12-21 Estimate as to when court order will be filed - 2023-01-30 TC Order (Rec'd 2022-12-13) Rec'd 2023-02-15 , Completed on: 2023-02-27, (Printed version filed on 2022-12-06) |
Nissan Canada Inc. |
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 |
|---|---|---|
| Nissan Canada Inc. | Applicant | Active |
| Nissan North America, Inc | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mueller, Tobias | Respondent | Active |
Counsel
Party: Nissan Canada Inc.
Counsel
Steven Rosenkek
Robin Roddey
Alexandra Mitretodis
Sophie Arseneault
2900-550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 631-3232
Email: aborrell@fasken.com
Party: Nissan North America, Inc
Counsel
Steven Rosenkek
Robin Roddey
Alexandra Mitretodis
Sophie Arseneault
2900-550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 631-3232
Email: aborrell@fasken.com
Party: Mueller, Tobias
Counsel
Steven J. Roxborough
James Sayce
Aryan Ziaie
Brian Kolenda
100 - 2401 Saskatchewan Drive
Regina, Saskatchewan
S4P 4H8
Telephone: (306) 359-7777
FAX: (306) 522-3299
Email: tmerchant@merchantlaw.com
Summary
Keywords
Civil procedure — Class proceedings — Certification — Plaintiff commences action alleging defendant’s product is dangerously defective and applies to certify action as a class proceeding — Whether “actually exists” branch of commonality test requires plaintiff to establish basis in fact for allegation of dangerousness?
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.
Mr. Mueller commenced an action against Nissan Canada Inc. and Nissan North America, Inc. alleging that timing chain mechanisms in engines on certain vehicles were prone to premature failure which could lead to personal injury. The Supreme Court of British Columbia certified the action as a class proceeding and defined common issues. The Court of Appeal set aside two common issues but otherwise upheld the certification order.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 338, S195075
Certification of class proceeding
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 338, CA47358
Appeal allowed in part
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