Case information
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41399
The Administrator of the Motor Vehicle Accident Claims Act v. Brodie Daniel Plante
(Alberta) (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) |
|---|---|---|
| 2024-12-13 | Close file on Leave | |
| 2024-12-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-12 | Judgment on leave sent to the parties | |
| 2024-12-12 |
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 of Alberta (Calgary), Number 2301-0146AC, 2024 ABCA 156, dated May 24, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-11-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-24 | Applicant's reply to respondent's argument, (Letter Form), Missing 1 hard copy (rec'd 2024-09-25), Completed on: 2024-09-24, (Printed version filed on 2024-09-24) | The Administrator of the Motor Vehicle Accident Claims Act |
| 2024-09-18 | Certificate (on limitations to public access), Form 23 A, (Printed version filed on 2024-09-20) | Brodie Daniel Plante |
| 2024-09-18 | Notice of name, (Printed version filed on 2024-09-20) | Brodie Daniel Plante |
| 2024-09-18 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service (rec'd 2024-09-19), Completed on: 2024-09-19, (Printed version filed on 2024-09-20) |
Brodie Daniel Plante |
| 2024-08-23 | Notice of name, (Letter Form), (Printed version filed on 2024-08-23) | The Administrator of the Motor Vehicle Accident Claims Act |
| 2024-08-23 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on Aug. 23, 2024 | |
| 2024-08-23 | Book of authorities, (Book Form), Completed on: 2024-08-23, (Printed version filed on 2024-08-23) | The Administrator of the Motor Vehicle Accident Claims Act |
| 2024-08-23 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-08-23) | The Administrator of the Motor Vehicle Accident Claims Act |
| 2024-08-23 | Application for leave to appeal, (Book Form), Completed on: 2024-08-23, (Printed version filed on 2024-08-23) | The Administrator of the Motor Vehicle Accident Claims Act |
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 |
|---|---|---|
| The Administrator of the Motor Vehicle Accident Claims Act | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Plante, Brodie Daniel | Respondent | Active |
Counsel
Party: The Administrator of the Motor Vehicle Accident Claims Act
Counsel
209 - 340 Midpark Way SE
Calgary, Alberta
T2X 1P1
Telephone: (403) 543-7758
FAX: (587) 391-5112
Email: croberts@robertslawyyc.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Plante, Brodie Daniel
Counsel
Sean Manery
1000 - 903 8th Avenue SW
Calgary, Alberta
T2P 0P7
Telephone: (403) 269-7220
FAX: (403) 269-9304
Email: djcorrigan@hmclawyers.com
Summary
Keywords
Insurance — Automobile insurance — Liability insurance — Accident claims fund — Third party liability — Administrator’s liability — Recovering damages for bodily injury arising out of the use or operation of a motor vehicle — Whether an injury arose out of the use or operation of a motor vehicle — Motor Vehicle Accident Claims Act, RSA 2000, c M-22, ss. 4(1) and 5(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.
Vera Baptiste drove a motor vehicle that ran out of gasoline at night on a rural highway. Entering the roadway to try to wave down assistance, she was struck and killed by another motor vehicle operated by Brodie Daniel Plante.
As a result of the collision, Mr. Plante suffered psychological injuries. He sued Ms. Baptiste’s estate for compensation. Ms. Baptiste did not have motor vehicle liability insurance and her estate was noted in default. When a person recovers a judgment in Alberta for damages for bodily injury arising out of the use or operation of a motor vehicle, the person may apply to the Administrator of the Motor Vehicle Accident Claims Act, RSA 2000, c M-22 for payment of the amount of the judgment (ss. 4(1) and 5(1)). Mr. Plante, the respondent, made a claim against the Administrator, the applicant.
The Court of King’s Bench of Alberta concluded that Mr. Plante’s claim was covered under the Motor Vehicle Accident Claims Act because his injuries arose from Ms. Baptiste’s use or operation of a motor vehicle. The Court of Appeal of Alberta dismissed the appeal.
Lower court rulings
Summary trial determined that Mr. Plante’s injuries arose from the use or operation of a motor vehicle
Appeal 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