Case information
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40783
Daniel Prasad v. Kathleen Daluz, et al.
(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) |
|---|---|---|
| 2023-11-03 | Close file on Leave | |
| 2023-11-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-02 | Judgment on leave sent to the parties | |
| 2023-11-02 |
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 Supreme Court of British Columbia, Number S1910219, 2021 BCSC 2500, dated October 7, 2021, is dismissed for want of jurisdiction. Dismissed |
|
| 2023-11-02 |
Decision on motion to extend time to file and /or serve the leave application, See Decision on application Granted |
|
| 2023-09-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-11 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-07-28 | Certificate (on limitations to public access), 23A | Kathleen Daluz |
| 2023-07-28 |
Respondent's response on the application for leave to appeal, (Book Form), BCSC order filed with response Required: - proof of service (Rec'd 2023-08-09), Completed on: 2023-08-09, (Printed version filed on 2023-07-28) |
Kathleen Daluz |
| 2023-06-19 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2023-06-16 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-06-16 | |
| 2023-03-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-06-30 | Daniel Prasad |
| 2022-03-15 | Certificate (on limitations to public access) | Daniel Prasad |
| 2022-03-15 |
Application for leave to appeal, (Book Form), Required: - Amended Notice of Application citing corect sect. of law - Filing fee (rec'd 2023-07-04) , Completed on: 2023-09-13 |
Daniel Prasad |
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 |
|---|---|---|
| Prasad, Daniel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Daluz, Kathleen | Respondent | Active |
| Ocampo, Lilibeth | Respondent | Active |
Counsel
Party: Prasad, Daniel
This party is not represented by counsel.
Party: Daluz, Kathleen
Counsel
1075 West Georgia St
Suite 2100
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
Email: emoore@guildyule.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: Ocampo, Lilibeth
Counsel
1075 West Georgia St
Suite 2100
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
Email: emoore@guildyule.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
Summary
Keywords
Charter of Rights — Fundamental justice — Civil procedure — Pleadings — Motion to strike — Appeals — Applicant’s employment terminated following workplace investigation — Applicant’s lawsuit against respondents dismissed for failing to disclose reasonable cause of action, and for being statute-barred by provincial limitations legislation — Whether applicant’s employment was improperly terminated without proof of guilt — Whether respondents violated applicant’s rights under Charter — Canadian Charter of Rights and Freedoms, ss. 6, 7, 10, 11, 12, 13, 33.
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’s position at a Vancouver hospital was terminated following a workplace investigation that involved the respondents. The applicant brought a claim against the respondents, seeking monetary compensation for lost wages, restitution, reinstatement of his nursing registration, and an order seeking to lift his termination based on alleged breaches of his rights under the Canadian Charter of Rights and Freedoms. The respondents brought an application to strike the claim as failing to disclose a reasonable cause of action.
A judge at the B.C. Supreme Court granted the respondents’ application, struck the applicant’s notice of civil claim, without leave to amend his pleadings, and dismissed the claims against the respondents.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 2500, S1910219
Application to strike claim — granted;
Mr. Prasad’s notice of civil claim struck without leave to amend
claims against respondents 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