Case information
Consult our database for details on a Supreme Court of Canada case.
40944
Bonnie-Gale Baun v. Workers Compensation Appeal Tribunal, 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) |
|---|---|---|
| 2024-04-12 | Close file on Leave | |
| 2024-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-11 | Judgment on leave sent to the parties | |
| 2024-04-11 |
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 CA46143, 2023 BCCA 322, dated August 9, 2023, is dismissed with costs to the respondents John Boruta and Vincent Leering. Dismissed, with costs |
|
| 2024-03-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-19 | Applicant's reply to respondent's argument, (Book Form), reply to Respondents, Dr. John Biruta and Dr. Vincent Leering, Completed on: 2024-03-01 | Bonnie-Gale Baun |
| 2023-12-11 | Supplemental document, Applicant affidavit filed on 2023-12-11 | Bonnie-Gale Baun |
| 2023-12-04 | Correspondence received from | Bonnie-Gale Baun |
| 2023-11-27 | Applicant's reply to respondent's argument, (Book Form), Reply to Respondent WCAT , Completed on: 2024-01-08 | Bonnie-Gale Baun |
| 2023-11-17 | Applicant's reply to respondent's argument, (Book Form), Reply to WorkSafe BC, Completed on: 2023-12-07 | Bonnie-Gale Baun |
| 2023-11-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-17) | John Boruta |
| 2023-11-17 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-11-23, (Printed version filed on 2023-11-17) | John Boruta |
| 2023-11-14 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-11-14) | Workers Compensation Appeal Tribunal |
| 2023-11-14 | Notice of name, (Letter Form), (Printed version filed on 2023-11-14) | Workers Compensation Appeal Tribunal |
| 2023-11-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-11-23, (Printed version filed on 2023-11-14) | Workers Compensation Appeal Tribunal |
| 2023-11-09 | Supplemental document, (Book Form), Affidavit in BC Supreme Court for petition 117825 filed December 20, 2017 | Bonnie-Gale Baun |
| 2023-11-09 | Certificate (on limitations to public access), (Letter Form), Public access to information form | Bonnie-Gale Baun |
| 2023-11-09 | Certificate (on limitations to public access), 23A | WorkSafeBC |
| 2023-11-09 | Notice of name, (Letter Form) | WorkSafeBC |
| 2023-11-09 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-11-23, (Printed version due on 2023-11-17) | WorkSafeBC |
| 2023-10-19 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-10-19 | |
| 2023-09-07 |
Application for leave to appeal, (Book Form), (2 volumes), REQUIRED: - Proof of service (rec'd 2023-11-24) - CA final order (rec'd 2023-11-04) - Public access to information (rec'd 2023-11-09), Completed on: 2023-12-18 |
Bonnie-Gale Baun |
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 |
|---|---|---|
| Baun, Bonnie-Gale | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Workers Compensation Appeal Tribunal | Respondent | Active |
| WorkSafeBC | Respondent | Active |
| Boruta, John | Respondent | Active |
| Leering, Vincent | Respondent | Active |
Counsel
Party: Baun, Bonnie-Gale
This party is not represented by counsel.
Party: Workers Compensation Appeal Tribunal
Counsel
150-44600 Jacombs Road
Richmond, British Columbia
V6V 3B1
Telephone: (604) 664-7800
FAX: (604) 713-0443
Email: karla.koles@wcat.bc.ca
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Party: WorkSafeBC
Counsel
Law & Policy Department
6951 Westminster Highway
Richmond, British Columbia
V7C 1C6
Telephone: (604) 231-8684
FAX: (604) 279-8116
Email: ben.parkin@worksafebc.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Boruta, John
Counsel
1410-777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 684-3429
Email: Dlebans@branmac.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Party: Leering, Vincent
Counsel
1410-777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 684-3429
Email: Dlebans@branmac.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
Judgments and orders — Application to vary order removing appeal from inactive list dismissed — Whether application for leave to appeal raises issues of national or public importance — Whether lower courts erred in reasoning and orders.
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 was injured in the course of her work and applied to the Workers’ Compensation Board. This case stems from petitions for judicial review initiated by her in the Supreme Court of British Columbia and appeals initiated at the Court of Appeal.
Justice Butler granted the application to remove appeals CA46444 and CA46447 from the inactive list but dismissed the application with respect to CA46143.
The applicant brought an application to vary that order which was dismissed by a panel of three judges.
Lower court rulings
Supreme Court of British Columbia
2019 BCSC 836, S-115202, S-117825, S-121430
Three petitions against respondents struck.
Court of Appeal for British Columbia (Vancouver)
CA46143, CA46444, CA46447
Application to have appeals CA46444 and CA46447 removed from inactive list granted. Application to remove Appeal CA46143 from the inactive list dismissed.
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 322, CA46143
Application to vary order 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 613-996-8666 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