Case information
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34100
Joan Clements, by her Litigation Guardian, Donna Jardine v. Joseph Clements
(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) |
|---|---|---|
| 2012-07-03 | Appeal closed | |
| 2012-07-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-07-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-06-29 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036882, 2010 BCCA 581, dated December 17, 2010, heard on February 17, 2012, is allowed and a new trial is ordered. The appellant will have her costs in this Court. The orders for costs below are set aside. LeBel and Rothstein JJ. are dissenting. Allowed, costs in this Court only |
|
| 2012-03-05 | Transcript received, (58 pages) | |
| 2012-02-17 | Judgment reserved OR rendered with reasons to follow | |
| 2012-02-17 | Intervener's condensed book, (14 copies) distributed in Court | Attorney General of British Columbia |
| 2012-02-17 | Respondent's condensed book, (14 copies) distributed in Court | Joseph Clements |
| 2012-02-17 | Appellant's condensed book, (14 copies) distributed in Court | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2012-02-17 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-02-17 |
Hearing of the appeal, 2012-02-17, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2012-02-07 | Notice of appearance, Dick Byl and Kimi Aimetz will be appearing and Mr. Byl will present oral argument | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2012-02-07 | Correspondence received from, Request for 1 reserved seats | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2012-02-03 | Notice of appearance, Robert A. Easton, Ryan W. Morasiewicz and Greg A. Cavouras will be present at hearing | Joseph Clements |
| 2012-01-31 | Notice of appearance, Jonathan Eades will be present at the hearing. | Attorney General of British Columbia |
| 2012-01-27 | Correspondence received from, Mr. Beedell re: amended factum filed ( no changes of substance, only typos) | Joseph Clements |
| 2012-01-27 |
Order by, Ka, FURTHER TO THE ORDER dated December 20, 2011, granting leave to intervene to the Attorney General of British Columbia; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2012-01-24 | Intervener's book of authorities, Completed on: 2012-01-24 | Attorney General of British Columbia |
| 2012-01-24 | Intervener's factum, Completed on: 2012-01-24 | Attorney General of British Columbia |
| 2012-01-23 | Supplemental document, Supplemental Book of Authorities - CD rec'd Jan. 27/12, Completed on: 2012-01-31 | Joseph Clements |
| 2012-01-23 | Respondent's book of authorities, Vol. 1 to 3 - CD rec'd Jan. 27/12, Completed on: 2012-01-31 | Joseph Clements |
| 2012-01-23 | Respondent's factum, AMENDED FACTUM rec'd Jan. 27/12 with CD, Completed on: 2012-01-31 | Joseph Clements |
| 2012-01-13 | Correspondence received from, Jeff Beedell rec'd by e-mail re: will not be filing a record | Joseph Clements |
| 2012-01-03 | Appeal perfected for hearing | |
| 2011-12-20 | Letter sent to Intervener(s) | |
| 2011-12-20 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2011-12-20 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Attorney General of British Columbia for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Attorney General of British Columbia is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before January 24, 2012. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2011-12-20 | Submission of motion for leave to intervene, LeB | |
| 2011-12-19 | Response to the motion for leave to intervene, (Letter Form), Letter from Dick Byl, dated Dec. 18, 2011, re.: dismiss motion with costs., Completed on: 2011-12-19 | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2011-12-08 | Notice of hearing sent to parties | |
| 2011-12-08 | Response to the motion for leave to intervene, (Letter Form), Letter from Ryan W. Morasiewicz, dated Dec. 8, 2011, Completed on: 2011-12-08 | Joseph Clements |
| 2011-12-07 |
Appeal hearing scheduled, 2012-02-17 Judgment reserved |
|
| 2011-12-05 | Motion for leave to intervene, Completed on: 2011-12-05 | Attorney General of British Columbia |
| 2011-11-09 | Correspondence received from, (Letter Form), Supreme Law Group, dated November 7, 2011 re: supreme court guidelines for printing requirements | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2011-11-08 | Appellant's book of authorities, (2 volumes), Completed on: 2011-11-08 | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2011-11-08 | Appellant's record, (6 volumes), Completed on: 2011-11-08 | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2011-11-08 | Appellant's factum, Completed on: 2011-11-08 | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2011-08-16 | Acknowledgement and consent for video taping of proceedings, from Dick Byl, counsel for the Appellant | |
| 2011-08-16 | Notice of appeal, Completed on: 2011-08-16 | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2011-07-27 | Notice of change of counsel, Counsel is changed from G. Cowper of Fasken Martineau to Dick Byl of DIck Byl Law Corporation / Agent is changed from Scott Prescott of Fasken to Moira Dillon of Supreme Law Group | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2011-07-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-06-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-06-17 | Judgment on leave sent to the parties | |
| 2011-06-16 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the respondent’s response is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036882, 2010 BCCA 581, dated December 17, 2010, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2011-06-16 |
Decision on motion to extend time Granted |
|
| 2011-05-16 | All materials on application for leave submitted to the Judges, LeB F Cro | |
| 2011-05-16 | Submission of motion to extend time, LeB F Cro | |
| 2011-03-17 | Correspondence received from, J. Beedell dated March 16/11 re: enclosing a consent to the extension of time | Joseph Clements |
| 2011-03-17 | Response to motion to extend time, re: consent, Completed on: 2011-03-17 | Joan Clements, by her Litigation Guardian, Donna Jardine |
| 2011-03-16 | Respondent's response on the application for leave to appeal, (extension of time included), Completed on: 2011-03-16 | Joseph Clements |
| 2011-03-16 | Motion to extend time, to serve and file the response (included in response), Completed on: 2011-03-16 | Joseph Clements |
| 2011-02-18 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2011-02-14 | Application for leave to appeal, Final CA Order missing (rec'd May 18/11), Completed on: 2011-05-18 | Joan Clements, by her Litigation Guardian, Donna Jardine |
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 |
|---|---|---|
| Joan Clements, by her Litigation Guardian, Donna Jardine | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Clements, Joseph | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Joan Clements, by her Litigation Guardian, Donna Jardine
Counsel
Kimi Aimetz
900 - 550 VIctoria Street
Prince George, British Columbia
V2L 2K1
Telephone: (250) 564-3400
FAX: (250) 564-7873
Email: dbyl@dbylaw.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Clements, Joseph
Counsel
Ryan W. Morasiewicz
Robert A. Easton
Robson Court
1000 - 840 Howe Street
Vancouver, British Columbia
V6Z 2M1
Telephone: (604) 643-1220
FAX: (604) 643-1200
Email: reaston@millerthomson.ca
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: Attorney General of British Columbia
Counsel
Jonathan Eades
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
FAX: (604) 660-3833
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
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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.
Torts — Negligence — Causation — Material contribution test — Whether material contribution test for causation is available only in circumstances of circular or reliance causation — Whether Court of Appeal erred in restating and narrowing material contribution test for causation pronounced by Supreme Court of Canada.
The applicant was severely injured while riding on a motorcycle driven by her husband, the respondent. The trial judge found that the respondent was negligent in two respects: he was driving at an excessive speed and the motorcycle was overloaded. Applying the material contribution test, he found that causation had been established and that, therefore, the respondent was liable for the injuries sustained by the applicant. The Court of Appeal allowed the respondent’s appeal. It set aside the trial judge’s order and dismissed the applicant’s action.
Lower court rulings
Supreme Court of British Columbia
0627521, 2009 BCSC 112
Respondent found liable for injuries sustained by applicant
Court of Appeal for British Columbia (Vancouver)
CA036882, 2010 BCCA 581
Appeal allowed
Memorandums of argument on application for leave to appeal
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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
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