Case information
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41795
Evelyn McGregor v. British Columbia College of Nurses and Midwives (formerly the College of Registered Psychiatric Nurses of British Columbia), 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) |
|---|---|---|
| 2025-12-05 | Close file on Leave | |
| 2025-11-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-11-27 | Judgment on leave sent to the parties | |
| 2025-11-27 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA041826 and CA041830, 2015 BCCA 157, dated April 16, 2015, is dismissed. Dismissed |
|
| 2025-10-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-14 | Submission of motion to adduce new evidence, for consideration by the Court | |
| 2025-10-14 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2025-10-14 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2025-10-14 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2025-10-14 | Submission of miscellaneous motion, for consideration by the Court | |
| 2025-10-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-10-08 | Correspondence received from, (Letter Form), Conflict of Interest , (Printed version due on 2025-10-16) | Evelyn McGregor |
| 2025-08-19 |
Motion for a stay of execution, (Book Form), Missing Proof of Service (incomplete) (Rec\d 2025-09-04), Completed on: 2025-09-04, (Electronic version filed on 2025-08-21) |
Evelyn McGregor |
| 2025-08-18 |
Correspondence received from, (Letter Form), Letter to Service Canada and CRA Missing Proof of Service |
Evelyn McGregor |
| 2025-08-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-08-20) | Health Sciences Association of British Columbia |
| 2025-08-13 | Notice of name, (Letter Form), (Printed version due on 2025-08-20) | Health Sciences Association of British Columbia |
| 2025-08-13 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: -Proof of service , Completed on: 2025-10-15, (Printed version due on 2025-08-20) |
Health Sciences Association of British Columbia |
| 2025-08-12 |
Applicant's reply to respondent's argument, (Book Form), Reply to Holyrood's response Missing Proof of Service (Rec'd 2025-009-04), Completed on: 2025-09-04, (Printed version filed on 2025-08-19) |
Evelyn McGregor |
| 2025-08-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-08-11) | Holyrood Manor and/or Revera Long Term Care Inc. |
| 2025-08-11 | Notice of name, (Letter Form), (Printed version filed on 2025-08-11) | Holyrood Manor and/or Revera Long Term Care Inc. |
| 2025-08-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-08-11, (Printed version filed on 2025-08-11) | Holyrood Manor and/or Revera Long Term Care Inc. |
| 2025-07-21 |
Supplemental document, CRA document Missing: -Proof of service (Rec'd 2025-08-05) |
Evelyn McGregor |
| 2025-07-21 |
Applicant's reply to respondent's argument, (Book Form), Reply to Fraser Health Authority and Ridge Meadows Hospital Amended reply filed on 2025-07-22 Missing: -Proof of service (Rec'd 2025-08-05), Completed on: 2025-08-05 |
Evelyn McGregor |
| 2025-07-10 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Evelyn McGregor |
| 2025-07-10 | Supplemental document, (Letter Form), (2 volumes), 2 documents | Evelyn McGregor |
| 2025-07-10 |
Applicant's reply to respondent's argument, (Book Form), (Reply to Simpson Hospital, Simpson Manor and/or Decker Management Ltd) Missing Proof of Service , Completed on: 2025-10-15, (Printed version filed on 2025-07-14) |
Evelyn McGregor |
| 2025-07-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-07-04) | Simpson Hospital, Simpson Manor and/or Decker Management Ltd. |
| 2025-07-02 | Notice of name, (Letter Form), (Printed version filed on 2025-07-04) | Simpson Hospital, Simpson Manor and/or Decker Management Ltd. |
| 2025-07-02 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-07-02, (Printed version filed on 2025-07-04) | Simpson Hospital, Simpson Manor and/or Decker Management Ltd. |
| 2025-06-27 | Notice of name, (Letter Form), (Printed version due on 2025-07-07) | Fraser Health Authority and Ridge Meadows Hospital |
| 2025-06-27 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2025-07-07) | Fraser Health Authority and Ridge Meadows Hospital |
| 2025-06-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-07-07) | Fraser Health Authority and Ridge Meadows Hospital |
| 2025-06-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-07-18, (Printed version due on 2025-07-07) | Fraser Health Authority and Ridge Meadows Hospital |
| 2025-06-27 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (Included in the application for leave to appeal), Completed on: 2025-06-27, (Printed version due on 2025-07-07) | Fraser Health Authority and Ridge Meadows Hospital |
| 2025-06-19 | Lower court order - e-filing, (Letter Form), CA judgment | Evelyn McGregor |
| 2025-06-17 |
Applicant's reply to respondent's argument, (Book Form), Reply to (British Columbia College of Nurses and Midwives (formerly the College of Registered Psychiatric Nurses of British Columbia)) Missing Proof of Service , Completed on: 2025-10-08 |
Evelyn McGregor |
| 2025-06-09 | Notice of name, (Letter Form), (Printed version filed on 2025-07-04) | British Columbia College of Nurses and Midwives (formerly the College of Registered Psychiatric Nurses of British Columbia) |
| 2025-06-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-07-04) | British Columbia College of Nurses and Midwives (formerly the College of Registered Psychiatric Nurses of British Columbia) |
| 2025-06-09 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: Proof of Service (Received June 11, 2025), Completed on: 2025-06-11, (Printed version filed on 2025-07-04) |
British Columbia College of Nurses and Midwives (formerly the College of Registered Psychiatric Nurses of British Columbia) |
| 2025-05-20 | Certificate (on limitations to public access), (Letter Form), 23 A&B | Evelyn McGregor |
| 2025-05-09 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-02-24 | Certificate (on limitations to public access), (Letter Form), 23A | Evelyn McGregor |
| 2025-02-24 |
Motion to adduce new evidence, (Book Form), (Included in the application for leave to appeal), Missing Proof of service (Rec'd 2025-07-14), Completed on: 2025-10-08 |
Evelyn McGregor |
| 2025-02-24 |
Notice of miscellaneous motion, (Book Form), Missing Amended version (rec'd 2025-06-17) Proof of Service (Rec'd 2025-07-14), Completed on: 2025-10-08 |
Evelyn McGregor |
| 2025-02-24 |
Motion to file a lengthy memorandum of argument, (Book Form), (Included in the application for leave to appeal), Amended version (Rec'd 2025-05-21) Missing Preuve de la signification (Rec'd 2025-07-14), Completed on: 2025-10-08 |
Evelyn McGregor |
| 2025-02-24 |
Motion for a stay of execution, (Book Form), (Included in the application for leave to appeal), Amended version (Rec'd 2025-05-21) Missing Proof of Service (Rec'd 2025-07-14), Completed on: 2025-10-08 |
Evelyn McGregor |
| 2025-02-24 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Amended version (Rec'd 2025-05-21) Missing Proof of Service (Rec'd 2025-07-14), Completed on: 2025-07-14 |
Evelyn McGregor |
| 2025-02-24 |
Application for leave to appeal, (Book Form), Missing Signed Notice of Application (Rec'd 2025-05-20) Amended 23A (Rec'd 2025-07-10) Motion to file a lengthy MOA (Rec'd 2025-05-20) Motion to Extend Time (Rec'd 2025-05-20) Signed CA Judgment (Rec'd 2025-06-19) , Completed on: 2025-10-08 |
Evelyn McGregor |
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 |
|---|---|---|
| McGregor, Evelyn | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| British Columbia College of Nurses and Midwives (formerly the College of Registered Psychiatric Nurses of British Columbia) | Respondent | Active |
| Health Sciences Association of British Columbia | Respondent | Active |
| Holyrood Manor and/or Revera Long Term Care Inc. | Respondent | Active |
| Fraser Health Authority and Ridge Meadows Hospital | Respondent | Active |
| Simpson Hospital, Simpson Manor and/or Decker Management Ltd. | Respondent | Active |
Counsel
Party: McGregor, Evelyn
This party is not represented by counsel.
Party: British Columbia College of Nurses and Midwives (formerly the College of Registered Psychiatric Nurses of British Columbia)
Counsel
Niles Bond
Suite 2700, The Stack
1133 Melville St
Vancouver,, British Columbia
V6E 4E5
Telephone: (604) 643-2928
Email: jason.herbert@ca.dlapiper.com
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Health Sciences Association of British Columbia
Counsel
180 East Columbia Street
New Westminster, British Columbia
V3L 0G7
Telephone: (604) 517-0994
Email: shutchison@hsabc.org
Party: Holyrood Manor and/or Revera Long Term Care Inc.
Counsel
475 Howe Street
Suite 1300
Vancouver, British Columbia
V6C 2B3
Telephone: (604) 643-7248
FAX: (604) 643-7204
Email: Dana.Ellis@aviva.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: Fraser Health Authority and Ridge Meadows Hospital
Counsel
6-395 Waterfront Cres.
Victoria, British Columbia
V8T 5K7
Telephone: (250) 995-4264
Email: twedge@carlaw.ca
Party: Simpson Hospital, Simpson Manor and/or Decker Management Ltd.
Counsel
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 647-3533
Email: deeg@litigationchambers.com
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
Keywords
Civil procedure — Appeals — Costs — Advance costs — Applicant appealing summary judgment dismissing actions against respondents for lack of triable issue — Court of Appeal ordering applicant to post security for costs, which she failed to do — Court of Appeal dismissing appeals as abandoned — Whether application for leave to appeal raises issues of public importance.
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 employment was terminated for cause and she brought actions against the respondents, including her former employers, union and professional college. The actions against the respondents were dismissed on summary judgment. The applicant appealed and the Court of Appeal for British Columbia ordered that she post security for costs in order to proceed with her appeals, which she failed to do. Subsequently, the Court of Appeal dismissed the appeals as abandoned and held that the dismissal accorded with the interests of justice.
Lower court rulings
Summary judgment granted and actions against respondents dismissed
Court of Appeal for British Columbia (Vancouver)
CA041826, CA041830
Applications for security for costs and stay of proceedings pending the posting of security for costs granted
Appeals 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