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.
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
Name | Role | Status |
---|---|---|
Zazula, David | Applicant | Active |
v.
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
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
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
Related links
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