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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.


40691

David Zazula v. Gordon Nichol

(Saskatchewan) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2024-09-19 Close file on Leave
2024-09-19 Reconsideration not accepted for filing, Letter by the Registrar (sent by email)
2024-02-23 Letter acknowledging receipt of an incomplete motion for reconsideration
2023-10-23 Motion for reconsideration of the application for leave to appeal, (Book Form), *Under Review
Missing filing fee (Rec'd 2024-02-26), Completed on: 2024-02-26
David Zazula
2023-09-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-09-21 Judgment on leave sent to the parties
2023-09-21 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 Saskatchewan, Number CACV4149, dated February 13, 2023, is dismissed.
Dismissed
2023-08-08 All materials on application for leave submitted to the Judges, for consideration by the Court
2023-06-12 Certificate (on limitations to public access), Public Access to information form
Missing proof of service (rec'd 2023-06-22)
David Zazula
2023-05-03 Supplemental document, (2 volumes) David Zazula
2023-05-03 Affidavit David Zazula
2023-05-01 Letter advising parties of an incomplete application for leave to appeal, File opened on May 1st 2023
2023-04-14 Supplemental document, 5 lower court supplemental document David Zazula
2023-04-14 Application for leave to appeal, (Book Form), Missing:
-Public Access to Information Form (rec'd 2023-06-12)
, Completed on: 2023-06-13
David Zazula

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

Main parties - Appellants
Name Role Status
Zazula, David Applicant Active

v.

Main parties - Respondents
Name Role Status
Nichol, Gordon Respondent Active

Counsel

Party: Zazula, David

This party is not represented by counsel.

Party: Nichol, Gordon

This party is not represented by counsel.

Summary

Keywords

Charter of rights — Fundamental justice — Civil procedure — Appeals — Torts — Intentional torts — Confrontation between parties — Applicant suing respondent for assault, negligent misrepresentation and intentional infliction of emotional distress — Claims dismissed in Small Claims Court — First-level appeal dismissed — Application for extension of time to apply for leave to appeal dismissed — Whether there was miscarriage of justice in trial judge’s misapprehension of evidence — Whether outcome of proceedings disenfranchised applicant’s right to fair trial protected under Charter — Whether legal system unfairly prohibits questioning of trial judge’s conclusions — Whether trial judge violated applicant’s Charter rights through abuse of discretion — Whether applicant entitled to remedy.

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 agreed to rent an adjoining property to the respondent’s daughter, on the respondent’s recommendation. After the tenancy ended badly, the respondent attended the property to retrieve his daughter’s belongings, and a confrontation with the applicant ensued. Nearly two years after the confrontation, the applicant filed a statement of claim against the respondent, seeking damages for assault, negligent misrepresentation, and infliction of emotional distress. The Small Claims Court dismissed the applicant’s claims. The applicant appealed.

A chambers judge at the Court of King’s Bench dismissed the applicant’s appeal from the Small Claims Court decision. The applicant then brought three applications before a single judge of the Court of Appeal: an application for an extension of time in which to apply for leave to appeal, an application for leave to appeal, and an application for a stay of the Court of King’s Bench decision, pending appeal. All three applications were dismissed by the Court of Appeal.

Lower court rulings

October 3, 2022
Court of King's Bench for Saskatchewan

2022 SKKB 222, QBG-MF-00010-2021

Applicant’s appeal from Small Claims Court decision dismissing his claim — dismissed

February 13, 2023
Court of Appeal for Saskatchewan

CACV4149

Applications for extension of time to apply for leave to appeal, for leave to appeal, and for a stay of Court of King’s Bench decision pending appeal — dismissed

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

Not available.

Date modified: 2025-02-27