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.
41211
Silja Leung v. Interdeep S. Gill
(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) |
|---|---|---|
| 2024-08-30 | Close file on Leave | |
| 2024-08-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-29 | Judgment on leave sent to the parties | |
| 2024-08-29 |
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 Court of Appeal for British Columbia (Vancouver), Number CA48902, 2023 BCCA 465, dated November 29, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-08-29 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-07-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-08 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-05-01 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing Proof of service (rec'd 05/18/2024), Completed on: 2024-05-18, (Printed version filed on 2024-05-06) | Silja Leung |
| 2024-04-30 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-05-02) | Interdeep S. Gill |
| 2024-04-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-03, (Printed version filed on 2024-05-02) | Interdeep S. Gill |
| 2024-04-19 | Book of authorities, (Book Form), Completed on: 2024-04-19, (Printed version due on 2024-04-26) | Silja Leung |
| 2024-04-18 | Correspondence received from, (Letter Form), CA Order Form | Silja Leung |
| 2024-04-11 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2024-04-11; | |
| 2024-03-28 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal), 23B; amended version is required; (Rec'd 2024-04-22), (Printed version due on 2024-04-08) | Silja Leung |
| 2024-03-28 |
Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal), 23A; Required amended version;, (Printed version due on 2024-04-08) |
Silja Leung |
| 2024-03-28 |
Application for leave to appeal, (Book Form), Missing: -Motion to extend (rec'd 05/01/2024) -Filing fees; (Rec'd 2024-04-12), Completed on: 2024-05-01, (Printed version due on 2024-04-08) |
Silja Leung |
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 |
|---|---|---|
| Leung, Silja | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gill, Interdeep S. | Respondent | Active |
Counsel
Party: Leung, Silja
This party is not represented by counsel.
Party: Gill, Interdeep S.
Counsel
510 – 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 443-3671
Email: jem@whclaw.ca
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
Torts — Negligence — Professional liability — Insurance — Automobile insurance — Insurer’s duty to defend — Applicant being sued following automobile collision — Applicant’s insurer assuming conduct of defence, appointing lawyer to defend claim — Lawyer filing response to claim — Applicant filing notice of withdrawal of lawyer’s response — Insurer holding applicant in breach of insurance contract — Applicant bringing professional negligence and misconduct claim against lawyer — Court dismissing claim against lawyer — Whether court erred by ignoring allegations of fraud and ruling on issue of negligence only — Whether court erred by ignoring facts and evidence and failing to consider lawyer’s false statements and lack of communication with applicant — Whether court erred by accepting that lawyer appointed by insurer had the right to make false statements in response to claim — Insurance (Vehicle) Regulation, B.C. Reg. 447/83, ss. 73, 74, 74.1
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.
Applicant Silja Leung was the driver of one of two vehicles that were involved in a collision in 2018. The driver of the second vehicle commenced an action against Ms. Leung. Ms. Leung’s insurer appointed the respondent lawyer, Interdeep S. Gill, to defend her in the action.
Ms. Leung complained to her insurer about the appointment of Mr. Gill as her counsel and about the response to civil claim that he filed on her behalf. She eventually brought a claim against Mr. Gill, alleging negligence and professional misconduct.
A judge of the Supreme Court of British Columbia dismissed the claim. The Court of Appeal for British Columbia dismissed Ms. Leung’s appeal.
Lower court rulings
Negligence claim dismissed
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