Case information
Consult our database for details on a Supreme Court of Canada case.
42013
Clarence Phillip Byron Sewap v. Saskatchewan Government Insurance
(Saskatchewan) (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) |
|---|---|---|
| 2026-06-29 | Close file on Leave | |
| 2026-06-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-06-25 | Judgment on leave sent to the parties | |
| 2026-06-25 |
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 Saskatchewan, Number CACV4575, dated July 30, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-05-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-10-31, (Printed version filed on 2025-10-30) | Clarence Phillip Byron Sewap |
| 2025-10-23 | Notice of name, (Letter Form), (Printed version filed on 2025-10-29) | Saskatchewan Government Insurance |
| 2025-10-23 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-10-29) | Saskatchewan Government Insurance |
| 2025-10-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-29, (Printed version filed on 2025-10-29) | Saskatchewan Government Insurance |
| 2025-10-03 | Correspondence received from, Consents 41995 and 42013 leave applications being reviewed and determined together., (Printed version due on 2025-10-10) | Saskatchewan Government Insurance |
| 2025-10-01 |
Correspondence received from, Joint correspondence requesting this matter to be submitted along file 41995 and if granted, to be heard together , (Printed version due on 2025-10-08) |
Clarence Phillip Byron Sewap |
| 2025-09-29 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED; | |
| 2025-09-26 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2025-09-29) | Clarence Phillip Byron Sewap |
| 2025-09-26 | Application for leave to appeal, (Book Form), Completed on: 2025-09-26, (Printed version filed on 2025-09-29) | Clarence Phillip Byron Sewap |
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 |
|---|---|---|
| Sewap, Clarence Phillip Byron | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Saskatchewan Government Insurance | Respondent | Active |
Counsel
Party: Sewap, Clarence Phillip Byron
Counsel
1000 - 1st Avenue West
Prince Albert, Saskatchewan
S6V 4Y4
Telephone: (306) 764-1099
FAX: (306) 922-2351
Email: peterabrametz@sasktel.net
Agent
340 Gilmour Street, Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 104
FAX: (613) 695-8580
Email: cgiordano@supremeadvocacy.ca
Party: Saskatchewan Government Insurance
Counsel
1500-1881 Scarth Street
Regina, Saskatchewan
S7P 4K9
Telephone: (306) 757-1641
FAX: (306) 359-0785
Email: lwihak@mcdougallgauley.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Summary
Keywords
Insurance — Automobile insurance — When at law are damages caused by a motor vehicle accident — To what extent in the context of no-fault or hybrid insurance regimes should Canadian courts modify the Amos test for determining whether benefits apply —When should statutory language narrow the scope of the Amos test such that a direct causal relationship rather than some nexus is required — The Automobile Accident Insurance Act, RSS 1978, c A-35.
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.
Following a physical altercation between two groups in a parking lot, both groups left in separate vehicles, one driven by Mr. Sewap. The dispute continued as they drove away and at one point, the driver of the other vehicle shot at Mr. Sewap’s vehicle. Mr. Sewap was struck with a bullet in his head. He lost consciousness and his vehicle collided with light standards. He applied for benefits under The Automobile Accident Insurance Act, RSS 1978, c A-35, but only in respect of the gunshot wound to his head. Saskatchewan Government Insurance issued a decision that Mr. Sewap did not sustain bodily injury caused by a motor vehicle, the injuries were due to the gunshot, and he was not entitled to no-fault injury benefits. The Automobile Injury Appeal Commission dismissed an appeal. Bardai J.A. of the Court of Appeal for Saskatchewan dismissed an application for leave to appeal.
Lower court rulings
Automobile Injury Appeal Commission
055, 2025 SKAIA 018
Appeal from decision by Saskatchewan Government Insurance denying benefits under The Automobile Accident Insurance Act, RSS 1978, c A-35, dismissed
Court of Appeal for Saskatchewan
CACV 4575
Application for leave to 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 613-996-8666 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