Case information
Consult our database for details on a Supreme Court of Canada case.
40675
Frances Jean Walbey Canfield v. Howard H. Engman
(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) |
|---|---|---|
| 2023-10-16 | Close file on Leave | |
| 2023-10-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-10-12 | Judgment on leave sent to the parties | |
| 2023-10-12 |
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 CA48267, 2023 BCCA 56, dated February 8, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-09-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-05-17, (Printed version due on 2023-05-24) | Frances Jean Walbey Canfield |
| 2023-05-08 | Certificate (on limitations to public access), (Printed version due on 2023-05-15) | Howard H. Engman |
| 2023-05-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-09, (Printed version filed on 2023-05-08) | Howard H. Engman |
| 2023-04-06 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on April 6th 2023 | |
| 2023-04-06 | Certificate (on limitations to public access), (Book Form), Form 23A, (Printed version due on 2023-04-17) | Frances Jean Walbey Canfield |
| 2023-04-05 | Application for leave to appeal, (Book Form), Completed on: 2023-05-10, (Printed version filed on 2023-04-05) | Frances Jean Walbey Canfield |
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 |
|---|---|---|
| Canfield, Frances Jean Walbey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Engman, Howard H. | Respondent | Active |
Counsel
Party: Canfield, Frances Jean Walbey
Counsel
Ahna Fernandez
8-266 Baker Street
Nelson, British Columbia
V1L 4H3
Telephone: (250) 352-2883
FAX: (250) 352-2849
Email: tim@pearkesfernandez.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Engman, Howard H.
Counsel
Ray Power
900-980 Howe Street
Vancouver, British Columbia
V6Z 0C8
Telephone: (604) 238-7740
Email: cdennis@mcewanpartners.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
Torts — Negligence — Whether Court of Appeal erred in applying test for factual causation in professional negligence — Which party carries burden of persuasion on the defendant’s theory of the case — Whether Court of Appeal erred in overturning trial result based on the trial judge’s inference drawing process?
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.
Mrs. Canfield entered into an agreement to sell property to Bronze Wines Ltd. Mr. Engman, a notary public, witnessed Mrs. Canfield’s signature on a form required to register transfer of title. Bronze Wines Ltd. failed to meet its obligations. Mrs. Canfield commenced a civil claim in part claiming negligence and damages against Mr. Engman. The Supreme Court of British Columbia found Mr. Engman negligent and awarded damages. The Court of Appeal allowed an appeal and set aside the claim against Mr. Engman.
Lower court rulings
Supreme Court of British Columbia
S18180
Claim in negligence allowed; damages awarded
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 56, CA48267
Appeal allowed
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