Case information
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36575
Andrew Sabean v. Portage La Prairie Mutual Insurance Company
(Nova Scotia) (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) |
|---|---|---|
| 2017-04-04 | Appeal closed | |
| 2017-04-04 | Correspondence (sent by the Court) to, the appellant. Cover letter regarding certificate of taxation signed April 4, 2017. | |
| 2017-04-04 | Certificate of taxation issued to, Mr. Derrick J. Kimball | |
| 2017-04-04 | Decision on the bill of costs, in the amount of $13,290.52, Reg | |
| 2017-04-04 | Submission of the bill of costs, Reg | |
| 2017-02-28 | Bill of costs, (proof of service missing - received March 8, 2017), Completed on: 2017-03-10 | Andrew Sabean |
| 2017-01-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-01-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-01-27 |
Judgment on the appeal rendered, CJ Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 428986, 2015 NSCA 53, dated June 4, 2015, heard on October 5, 2016, is allowed with costs in this Court and in the Nova Scotia Court of Appeal. Allowed, with costs |
|
| 2016-10-20 | Transcript received, (87 pages) | |
| 2016-10-05 | Judgment reserved OR rendered with reasons to follow | |
| 2016-10-05 | Respondent's condensed book, Submitted in Court (14 copies) | Portage La Prairie Mutual Insurance Company |
| 2016-10-05 | Appellant's condensed book, Submitted in Court (14 copies) | Andrew Sabean |
| 2016-10-05 |
Hearing of the appeal, 2016-10-05, CJ Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-09-23 | Notice of appearance, Derrick J. Kimball and Sharon L. Cochrane will be appearing at the hearing on behalf of the Appellant. Mr. Kimball will be making the oral argument. | Andrew Sabean |
| 2016-09-20 | Notice of appearance, Scott C. Norton, Q.C. and Scott R. Campbell will be appearing at the hearing on behalf of the Respondent. Mr. Campbell will be making the oral argument. | Portage La Prairie Mutual Insurance Company |
| 2016-09-16 | Correspondence received from, (Letter Form), agent for Respondent : intend to refer to decision 2016 SCC 37 in oral argument on October 5, 2016., (Electronic version filed on 2016-09-16) | Portage La Prairie Mutual Insurance Company |
| 2016-08-16 | Notice of hearing sent to parties | |
| 2016-08-10 |
Appeal hearing scheduled, 2016-10-05 Judgment reserved |
|
| 2016-05-27 | Appeal perfected for hearing | |
| 2016-05-24 | Respondent's book of authorities, (Book Form), Completed on: 2016-05-24, (Electronic version filed on 2016-05-25) | Portage La Prairie Mutual Insurance Company |
| 2016-05-24 | Respondent's factum, (Book Form), Completed on: 2016-05-24, (Electronic version filed on 2016-05-25) | Portage La Prairie Mutual Insurance Company |
| 2016-05-20 | Order on motion for leave to intervene, by Justice Karakatsanis | |
| 2016-05-20 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Atlantic Provinces Trial Lawyers Association 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 is dismissed without costs. Dismissed, without costs |
|
| 2016-05-20 | Submission of motion for leave to intervene, Ka | |
| 2016-05-11 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-05-11 | Atlantic Provinces Trial Lawyers Association |
| 2016-05-04 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-05-04 | Portage La Prairie Mutual Insurance Company |
| 2016-04-28 | Motion for leave to intervene, (Book Form), Completed on: 2016-04-28 | Atlantic Provinces Trial Lawyers Association |
| 2016-03-31 | Certificate of counsel (attesting to record) | Andrew Sabean |
| 2016-03-31 | Appellant's record, Completed on: 2016-03-31 | Andrew Sabean |
| 2016-03-31 | Appellant's book of authorities, (2 volumes), Completed on: 2016-03-31 | Andrew Sabean |
| 2016-03-31 | Appellant's factum, Completed on: 2016-03-31 | Andrew Sabean |
| 2016-01-11 | Notice of appeal, Completed on: 2016-01-11 | Andrew Sabean |
| 2016-01-06 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-12-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-12-18 | Judgment on leave sent to the parties | |
| 2015-12-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 428986, 2015 NSCA 53, dated June 4, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2015-11-23 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2015-09-24 | Notice of name, (Letter Form), (Electronic version filed on 2015-09-25) | Portage La Prairie Mutual Insurance Company |
| 2015-09-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-25) | Portage La Prairie Mutual Insurance Company |
| 2015-09-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-09-24, (Electronic version filed on 2015-09-25) | Portage La Prairie Mutual Insurance Company |
| 2015-08-26 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2015-08-26. | |
| 2015-08-24 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Andrew Sabean |
| 2015-08-24 | Application for leave to appeal, (Book Form), Proof of service missing. Received 2015-09-02., Completed on: 2015-08-26, (Electronic version filed on 2015-08-24) | Andrew Sabean |
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 |
|---|---|---|
| Sabean, Andrew | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Portage La Prairie Mutual Insurance Company | Respondent | Active |
Counsel
Party: Sabean, Andrew
Counsel
Sharon L. Cochrane
121 Front Street
Wolfville, Nova Scotia
B4P 1A6
Telephone: (902) 542-5757
FAX: (902) 542-5759
Email: dkimball@kblaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Portage La Prairie Mutual Insurance Company
Counsel
Scott R. Campbell
900-1959 Upper Water Street
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3200
FAX: (902) 420-1417
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
None.
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.
Commercial law - Insurance - Automobile insurance - Excess insurance - Deductibility of future CPP disability benefits payable to a plaintiff under an “SEF 44 claim” - Interpretation of insurance policy SEF 44 endorsement - Whether court of appeal erred in determining that Canada Pension Plan disability benefits was a “policy of insurance” within the meaning of s. 4(b)(vii) of the SEF 44 endorsement.
In October 2004, Mr. Sabean and his passenger were injured in a motor vehicle accident when the car driven by the tortfeasor struck his vehicle in an intersection. That driver was inadequately insured. Mr. Sabean’s most significant injury was to his left shoulder and arm and eventually had to be amputated to relieve his pain. He could no longer work as a farm labourer and was approved for CPP disability benefits effective February, 2005. In May, 2013, a jury awarded Mr. Sabean damages for his injuries in the amount of $465,408. The amount he received from the tortfeasor’s insurer was $382,131.13. Mr. Sabean then made claim under the excess insurance provisions of his own policy with the respondent, Portage La Prairie Mutual Insurance Company. A dispute arose regarding the deductibility of his future CPP disability benefits. The court was asked to decide whether the value of those future benefits should be deducted from the remaining portion of the damages award.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
329383, 2014 NSSC 306
Future CPP disability benefits not deductible from amount payable in damages pursuant to s. 4(b)(vii) of the SEF 44 policy.
Nova Scotia Court of Appeal
CA 428986, 2015 NSCA 53
Respondent’s appeal allowed in part; future CPP disability benefits deductible from amounts payable by SEF 44 insurers; matter remitted to trial judge to determining value of applicant’s future CPP disability benefits.
Memorandums of argument on application for leave to appeal
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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.
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