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.
40496
Chang Jacques v. Jennifer Muir
(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) |
|---|---|---|
| 2025-06-17 | Close file on Leave | |
| 2025-06-17 | Correspondence (sent by the Court) to, the applicant - Letter by the Registrar - Nothing further | |
| 2025-06-06 | Correspondence received from | Chang Jacques |
| 2025-05-08 | Correspondence received from | Chang Jacques |
| 2025-05-07 | Correspondence received from | Chang Jacques |
| 2025-04-22 | Correspondence received from | Chang Jacques |
| 2025-04-11 | Correspondence received from | Chang Jacques |
| 2025-03-26 | Correspondence received from | Chang Jacques |
| 2025-03-24 | Correspondence received from | Chang Jacques |
| 2025-03-20 | Correspondence received from | Chang Jacques |
| 2025-03-17 | Correspondence received from | Chang Jacques |
| 2025-03-14 | Correspondence received from | Chang Jacques |
| 2025-03-11 | Correspondence received from | Chang Jacques |
| 2023-09-11 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2023-08-09 | Supplemental document, (Letter Form), Affidavit in support of Motion for Reconsideration., (Printed version due on 2023-08-16) | Chang Jacques |
| 2023-07-27 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2023-04-14 | Motion for reconsideration of the application for leave to appeal, (Letter Form), Completed on: 2023-04-14, (Printed version filed on 2023-04-19) | Chang Jacques |
| 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 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 CA47034, 2021 BCCA 38, dated January 21, 2021, is dismissed. Dismissed |
|
| 2023-03-16 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-02-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-13 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-01-25 | Certificate (on limitations to public access), 23A | Jennifer Muir |
| 2023-01-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-01-27, (Printed version filed on 2023-01-30) | Jennifer Muir |
| 2022-12-20 | Certificate (on limitations to public access), (Letter Form) | Chang Jacques |
| 2022-12-19 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 12/19/2022 | |
| 2021-09-20 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2022-12-19 | Chang Jacques |
| 2021-09-20 |
Application for leave to appeal, (Book Form), MISSING Public Access to Information Form-rec'd December 20, 2022 Memorandum of argument served and filed on July 22, 2022, Completed on: 2022-12-20 |
Chang Jacques |
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 |
|---|---|---|
| Jacques, Chang | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Muir, Jennifer | Respondent | Active |
Counsel
Party: Jacques, Chang
This party is not represented by counsel.
Party: Muir, Jennifer
Counsel
3200 – 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 895-2812
FAX: (604) 669-9385
Email: nturner@harpergrey.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Civil procedure — Abuse of process — Commencement of proceedings — Applicant’s claims against doctor relating to surgery dismissed as abuse of process — Applicant declared vexatious litigant and prohibited from filing further legal proceedings in respect of same subject matter — Courts below dismissing new application relating to same claim and issuing new prohibition order — Whether courts below committed errors of law.
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, Chang Jacques, brought a claim against the respondent, Jennifer Muir, in relation to a surgery Dr. Muir performed on Ms. Jacques in 2012. The claim, based in negligence and in lack of informed consent, was filed in 2014. The negligence claim was subsequently dismissed, while the informed consent claim was settled in October 2015, and Ms. Jacques signed a release of any further claims against Dr. Muir in connection with the surgery. Subsequently, Ms. Jacques brought several legal actions related to the same subject matter. In October 2017, Ms. Jacques commenced a new action against Dr. Muir. In November 2017, the Supreme Court of British Columbia dismissed Ms. Jacques’ new claim as an abuse of process, and issued an order prohibiting her from commencing any further legal proceedings against Dr. Muir in connection with the same subject matter; an appeal was dismissed by the British Columbia Court of Appeal. In August 2020, the B.C. Supreme Court dismissed another claim from Ms. Jacques, seeking to overturn the first order and obtain an award of damages, and again prohibited Ms. Jacques from filing any new document in the court that would be in any way connected with the same subject matter; an appeal was dismissed by the Court of Appeal.
Lower court rulings
Supreme Court of British Columbia
S195852
Ms. Jacques’ 2017 claim — dismissed as abuse of process; and
Order issued prohibiting Ms. Jacques from filing further proceedings regarding claim
Court of Appeal for British Columbia (Vancouver)
2018 BCCA 174
Appeal by Ms. Jacques — dismissed
Supreme Court of British Columbia
2020 BCSC 1258, S195852
Ms. Jacques’ 2020 application — dismissed;
Order issued prohibiting Ms. Jacques from filing further proceedings regarding claim
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 38, CA47034
Ms. Jacques’ 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