Case information
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35875
Shawn David Olfman v. RBC Life Insurance Company
(Manitoba) (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) |
|---|---|---|
| 2018-03-19 | Close file on Leave | |
| 2018-03-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-03-16 | Judgment on leave sent to the parties | |
| 2018-03-15 |
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 judgments of the Court of Queen’s Bench of Manitoba, Number CI10-01-64973, dated October 27, 2016 and March 1, 2017, is dismissed with no order as to costs. Dismissed, no order as to costs |
|
| 2018-03-15 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Granted |
|
| 2018-01-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-01-29 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-01-24 | Supplemental document, (Letter Form), Transcript | Shawn David Olfman |
| 2018-01-22 | Supplemental document, (Letter Form), Transcript. | Shawn David Olfman |
| 2017-10-23 | Reply to the motion to extend time to file and/ or serve the leave application, (Letter Form), Completed on: 2017-10-25 | Shawn David Olfman |
| 2017-10-16 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2017-10-16 | RBC Life Insurance Company |
| 2017-10-04 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2017-10-04 | Shawn David Olfman |
| 2017-08-02 | Correspondence (sent by the Court) to, the applicant; response to letter dated July 25, 2017. | |
| 2017-07-25 | Correspondence received from, (Letter Form), Letter regarding the filing of a Motion for Extension of Time. | Shawn David Olfman |
| 2017-06-29 | Correspondence received from, Shawn Olfman dated 2017-06-23. Re: Missing pages of the final judgment | Shawn David Olfman |
| 2017-06-29 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2017-06-29 | |
| 2017-06-19 | Correspondence received from, Shawn Olfman dated 2017-06-16. Re: Proceed with the application as Oct. 27, 2016 as a final judgment | Shawn David Olfman |
| 2017-06-12 | Correspondence received from, Shawn Olfman dated 2017-06-11 (email). Re: Final judgment | Shawn David Olfman |
| 2017-05-25 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2017-05-01 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-04-28 | Certificate (on limitations to public access) | Shawn David Olfman |
| 2017-04-28 | Application for leave to appeal, (Book Form), Judgment of Oct. 27, 2016 rec'd on 2017-06-19. Judgment of March 1, 2017, rec'd on 2017-06-23. Motion for extension of time rec'd on 2017-10-04, Completed on: 2017-10-06 | Shawn David Olfman |
| 2017-04-28 | Reopen file | |
| 2015-03-27 | Close file on Leave | |
| 2015-03-27 | Certificate of taxation issued to, Mr. Ted E. Bock | |
| 2015-03-27 | Decision on the bill of costs, in the amount of $941.90, Reg | |
| 2015-03-27 | Submission of the bill of costs, Reg | |
| 2014-11-21 | Bill of costs, (proof of service and filing fee missing.) (proof of service and filing fee received January 13, 2015)., Completed on: 2015-01-13 | RBC Life Insurance Company |
| 2014-11-17 | Reply to the bill of costs, Completed on: 2014-11-19 | RBC Life Insurance Company |
| 2014-11-07 | Response to the bill of costs, Completed on: 2014-11-07 | Shawn David Olfman |
| 2014-07-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-07-25 | Judgment on leave sent to the parties | |
| 2014-07-24 |
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 Manitoba, Number AI 13-30-07999, 2014 MBCA 26, dated March 3, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-06-23 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-06-12 | Applicant's reply to respondent's argument, Completed on: 2014-06-12, (Printed version filed on 2014-06-13) | Shawn David Olfman |
| 2014-06-04 | Certificate (on limitations to public access) | RBC Life Insurance Company |
| 2014-06-04 | Respondent's response on the application for leave to appeal, Completed on: 2014-06-20, (Electronic version filed on 2014-06-05) | RBC Life Insurance Company |
| 2014-05-06 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2014-05-02 | Correspondence (sent by the Court) to, all parties - acknowledgment letter | |
| 2014-05-02 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Shawn David Olfman |
| 2014-05-02 | Application for leave to appeal, Final CA Order missing (rec'd May 22, 2014), Completed on: 2014-05-27, (Electronic version filed on 2014-05-02) | Shawn David Olfman |
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 |
|---|---|---|
| Olfman, Shawn David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| RBC Life Insurance Company | Respondent | Active |
Counsel
Party: Olfman, Shawn David
This party is not represented by counsel.
Party: RBC Life Insurance Company
Counsel
Geoff Mackwood
30th Floor, Commodity Exchange Twr.
360 Main St.
Winnipeg, Manitoba
R3C 4G1
Telephone: (204) 957-4673
FAX: (204) 957-0840
Email: teb@aikins.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Civil procedure – Costs – Whether the Manitoba Court of Queen’s Bench erred in awarding trial costs.
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, Mr. Olfman, is a lawyer. In 1989, he purchased a disability insurance policy from the respondent insurer’s predecessor. In July 2009, he suffered a heart attack and returned to work in September of that same year. Mr. Olfman applied for benefits which the insurer acknowledged were payable for the period from the date of the heart attack until Mr. Olfman’s return to work. However, Mr. Olfman asserted that he continued to be entitled to benefits after his return to work because the definition of “total disability” in his policy was amended by a letter he received from the insurer which, he claimed, eliminated the requirement that he be unable to perform the important duties of his occupation. Mr. Olfman thus sued the insurer for payment of those benefits. The Court of Queen’s Bench dismissed the action. The Court of Appeal dismissed the appeal and the Supreme Court of Canada denied leave. Subsequent to that decision, the trial judge ruled that the respondent was entitled to costs. Mr. Olfman’s motion for leave to appeal that decision was denied.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI10-01-64973, 2013 MBQB 142
Action for payment of benefits under insurance policy dismissed
Court of Appeal of Manitoba
AI13-30-07999, 2014 MBCA 26
Motion to adduce fresh evidence dismissed; appeal dismissed
Court of Queen’s Bench of Manitoba
CI10-01-64973
Decision on costs in favour of respondent
Court of Queen’s Bench of Manitoba
CI10-01-64973
Motion for leave to appeal costs judgment 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.
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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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