Case information
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40950
Shayl Nole v. Natasha Seymour
(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) |
|---|---|---|
| 2024-05-10 | Close file on Leave | |
| 2024-05-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-09 | Judgment on leave sent to the parties | |
| 2024-05-09 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the response is granted pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48365, 2023 BCCA 329, dated August 15, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-02-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-09 | Certificate (on limitations to public access), (Letter Form), 23A | Natasha Seymour |
| 2023-11-09 | Notice of name | Natasha Seymour |
| 2023-11-09 |
Respondent's response on the application for leave to appeal, (Book Form), REQUIRED: - proof of service-rec'd 02/22/2024, Completed on: 2024-02-22, (Printed version due on 2023-11-17) |
Natasha Seymour |
| 2023-10-19 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2023-10-19 | |
| 2023-10-16 | Certificate (on limitations to public access), 23A | Shayl Nole |
| 2023-10-16 |
Application for leave to appeal, (Book Form), Formel order form (rec'd 2023-10-19) REQUIRED: - Final CA Order (rec'd 2023-11-08) , Completed on: 2023-11-16, (Printed version filed on 2023-10-16) |
Shayl Nole |
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 |
|---|---|---|
| Nole, Shayl | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Seymour, Natasha | Respondent | Active |
Counsel
Party: Nole, Shayl
Counsel
Amanda B. Richards
2100 - 1040 West Georgia St. W
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2403
FAX: (604) 647-4554
Email: chunter@litigationchambers.com
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Seymour, Natasha
Counsel
Smithers, British Columbia
V0J 2N0
Telephone: (250) 847-4720
FAX: (250) 847-8920
Email: ian@ianlawson.ca
Summary
Keywords
Torts — Damages — Sexual battery — Respondent’s claim for sexual battery allowed and damages awarded — What is the content of the requirement that a plaintiff tender evidence that the sexual battery occurred? — Must the plaintiff tender evidence that the specific contact alleged to be sexual battery occurred? — Is the requirement that the plaintiff prove the alleged contact in order to shift the burden satisfied by the defendant’s acknowledgement that sexual contact occurred on a different occasion or in a different manner than that alleged by the plaintiff?
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 respondent alleged that the applicant had sexual intercourse with her without her consent. The trial judge held that the applicant committed a sexual battery against the respondent and that she did not consent to the sexual activity. The judge held that the applicant had not established a reasonable belief in consent and awarded the respondent damages for sexual battery. The judge also allowed the respondent’s counterclaim against the applicant’s mother for defamation. The Court of Appeal dismissed the appeal from the sexual battery claim, and allowed the appeal of the defamation claim.
Lower court rulings
Supreme Court of British Columbia
2022 BCSC 867, S17950
Respondent’s claim for sexual battery and defamation allowed
Supreme Court of British Columbia
2022 BCSC 1814, S17950
see file
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 329, CA48365
Appeal dismissed on the sexual battery claim; appeal allowed on the defamation claim
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
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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