Case information
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36703
Mohsen Saadati, by his Litigation Guardian, Sara Zarei v. Grant Iain Moorhead, 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) |
|---|---|---|
| 2017-06-23 | Appeal closed | |
| 2017-06-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-06-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-06-02 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42075, 2015 BCCA 393, dated September 23, 2015, heard on January 16, 2017, is allowed and the trial judge’s award is restored. The appellant is entitled to costs in this Court and in the courts below. Allowed, with costs |
|
| 2017-01-30 | Transcript received, 98 pages | |
| 2017-01-16 | Judgment reserved OR rendered with reasons to follow | |
| 2017-01-16 |
Hearing of the appeal, 2017-01-16, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-01-16 | Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Insurance Bureau of Canada |
| 2017-01-16 | Respondent's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Grant Iain Moorhead |
| 2017-01-13 | Appellant's condensed book, (Book Form), Distributed in Courtroom on 2016-01-16 (14 copies) | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2017-01-13 | Correspondence received from, (Letter Form), Nicholas McHaffie (in person). Cover letter filed with the supplementary book of authorities., (Electronic version filed on 2017-01-13) | Insurance Bureau of Canada |
| 2017-01-13 | Intervener's book of authorities, (Book Form), Supplementary book of authorities (Distributed in Courtroom on 2017-01-16)., Completed on: 2017-01-13, (Electronic version filed on 2017-01-13) | Insurance Bureau of Canada |
| 2016-12-22 | Notice of appearance, (Letter Form), Alan D'Silva and Aaron Kreaden will be appearing. Mr. D'Silva will present oral arguments. | Insurance Bureau of Canada |
| 2016-12-20 | Notice of appearance, (Letter Form), Kathleen S. Duffield and Steven Lesiuk will be appearing. Ms. Duffield will present oral arguments. | Grant Iain Moorhead |
| 2016-12-20 | Notice of appearance, (Letter Form), Dairn Shane and Jospeh Fearon will be appearing. Mr. Shane will present oral arguments. | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-12-16 |
Order by, Mo, FURTHER TO THE ORDER dated October 14, 2016, granting leave to intervene to the Insurance Bureau of Canada; IT IS HEREBY FURTHER ORDERED THAT: The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2016-12-09 | Intervener's book of authorities, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Insurance Bureau of Canada |
| 2016-12-09 | Intervener's factum, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Insurance Bureau of Canada |
| 2016-11-21 | Notice of hearing sent to parties | |
| 2016-11-16 |
Appeal hearing scheduled, 2017-01-16 Judgment reserved |
|
| 2016-10-21 | Appeal perfected for hearing | |
| 2016-10-20 | Certificate of counsel (attesting to record) | Grant Iain Moorhead |
| 2016-10-19 | Respondent's book of authorities, (Book Form), Completed on: 2016-10-19 | Grant Iain Moorhead |
| 2016-10-19 | Respondent's record, (Book Form), (2 volumes), Completed on: 2016-10-19 | Grant Iain Moorhead |
| 2016-10-19 | Respondent's factum, (Book Form), Completed on: 2016-10-19 | Grant Iain Moorhead |
| 2016-10-17 | Correspondence received from, (Letter Form), Appellant, re: Mr. Hoang remains an active defendant in the action and shoul therefore, remain an active party to the appeal. | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-10-14 | Correspondence received from, (Letter Form), Respondents, re: Style of Cause should remain the same. | Grant Iain Moorhead |
| 2016-10-14 | Order on motion for leave to intervene, (by JUSTICE MOLDAVER) | |
| 2016-10-14 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Insurance Bureau of Canada 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 granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before December 9, 2016. 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 is not 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 respondents any additional disbursements occasioned to the appellant and respondents by its intervention. Granted |
|
| 2016-10-14 | Submission of motion for leave to intervene, Mo | |
| 2016-10-13 | Correspondence received from, (Letter Form), Appellant, re: action against third named respondent, Thi Hao Hoang, has settled and he may be removed from the appeal. | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-09-28 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-28 | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-09-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-27, (Electronic version filed on 2016-09-27) | Grant Iain Moorhead |
| 2016-09-21 | Notice of name | Insurance Bureau of Canada |
| 2016-09-21 | Motion for leave to intervene, Completed on: 2016-09-21 | Insurance Bureau of Canada |
| 2016-08-24 | Certificate of counsel (attesting to record) | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-08-24 | Appellant's book of authorities, Completed on: 2016-08-24 | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-08-24 | Appellant's record, (4 volumes), Completed on: 2016-08-24 | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-08-24 | Appellant's factum, Completed on: 2016-08-24 | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-06-06 | Notice of change of counsel, Kathleen Duffield has been appointed to act as the lawyer for the Respondents. | Grant Iain Moorhead |
| 2016-06-06 | Notice of appeal, Completed on: 2016-06-06 | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2016-05-11 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-05-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-06 | Judgment on leave sent to the parties | |
| 2016-05-05 |
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 British Columbia (Vancouver), Number CA42075, 2015 BCCA 393, dated September 23, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-12-02 | Notice of change of solicitor, (Letter Form), Kathleen Duffield has been appointed to act as the lawyer for the Respondents. | Grant Iain Moorhead |
| 2015-11-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-11-24, (Electronic version filed on 2015-11-24) | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2015-11-23 | Notice of name, (Letter Form), (Electronic version filed on 2015-11-20) | Grant Iain Moorhead |
| 2015-11-23 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-20) | Grant Iain Moorhead |
| 2015-11-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-23, (Electronic version filed on 2015-11-20) | Grant Iain Moorhead |
| 2015-11-10 | Correspondence received from, (Letter Form), agent for the applicant re: when to expect the Final Order from the Court of Appeal., (Electronic version filed on 2015-11-10) | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2015-10-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, file opened 2015-10-30. | |
| 2015-10-28 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-28) | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
| 2015-10-28 | Application for leave to appeal, (Book Form), Court of Appeal Final Order will be filed January 2016. Received 2015-12-03., Completed on: 2015-12-03, (Electronic version filed on 2015-10-28) | Mohsen Saadati, by his Litigation Guardian, Sara Zarei |
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 |
|---|---|---|
| Mohsen Saadati, by his Litigation Guardian, Sara Zarei | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Moorhead, Grant Iain | Respondent | Active |
| Able Leasing (2001) Ltd. | Respondent | Active |
| Hoang, Thi Hao | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Insurance Bureau of Canada | Intervener | Active |
Counsel
Party: Mohsen Saadati, by his Litigation Guardian, Sara Zarei
Counsel
210 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (778) 373-8209
FAX: (778) 373-8213
Email: dshane@preszlerlaw.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Moorhead, Grant Iain
Counsel
Steven W. Lesiuk
1100 - 999 West Hastings Street
Vancouver, British Columbia
V6C 2W2
Telephone: (604) 891-5400 Ext: 20274
FAX: (604) 683-5643
Email: kathleen.duffield@intact.net
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Able Leasing (2001) Ltd.
Counsel
Steven S. Lesiuk
1100 - 999 West Hastings Street
Vancouver, British Columbia
V6C 2W2
Telephone: (604) 891-5400 Ext: 20274
FAX: (604) 683-5643
Email: kathleen.duffield@intact.net
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Hoang, Thi Hao
Counsel
Steven S. Lesiuk
1100 - 999 West Hastings Street
Vancouver, British Columbia
V6C 2W2
Telephone: (604) 891-5400 Ext: 20274
FAX: (604) 683-5643
Email: kathleen.duffield@intact.net
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Insurance Bureau of Canada
Counsel
Aaron Kreaden
5300 Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5204
FAX: (416) 947-0866
Email: adsilva@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.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 — Personal injury — Damages — Applicant claiming non-pecuniary damages for psychological injury arising out of motor vehicle accident — Applicant unable to prove recognized psychological or psychiatric condition — Did the Court of Appeal err in ruling that trial judges have no discretion whatsoever to award damages for psychological injuries in the absence of a specific medical diagnosis of what the psychological injury is, even if the trial judge finds as fact from testimonial evidence that a plaintiff has suffered a recognizable psychological injury as a result of the negligence of a defendant? — In circumstances where a plaintiff becomes incompetent during litigation and cannot testify at his personal injury trial, which removes the factual basis of a psychiatric report in evidence which diagnoses a psychological injury, can a trial judge then rely on testimonial evidence of friends and family alone award compensation for the psychological injury?
Between 2003 and 2009, Mr. Saadati was involved in five motor vehicle accidents, sustaining various injuries. He was declared mentally incompetent in 2010. This litigation arises out of the second accident on July 5, 2005, whereby Mr. Saadati’s tractor-truck was hit by a Hummer driven by the respondent Mr. Moorhead. Mr. Saadati’s vehicle sustained damage. Mr. Saadati started this action after the third accident. He sought non-pecuniary damages and past wage loss. The respondents admitted liability for the accident, but opposed the claim for damages.
The evidence at trial focused on the injuries suffered in the second accident and the effect that the third accident had on those injuries. Mr. Saadati was unavailable to testify at trial. The trial judge rejected Mr. Saadati’s claim for a physical injury arising from the accident. The trial judge also found that Mr. Saadati had not established a psychological injury, based on the evidence of his expert psychiatrist. The trial judge, however, found that the testimony of Mr. Saadati’s family and friends had established a psychological injury.
Lower court rulings
Supreme Court of British Columbia
M072885, 2014 BCSC 1365
Action allowed in part, $100,000 awarded in non-pecuniary damages
Court of Appeal for British Columbia (Vancouver)
CA42075, 2015 BCCA 393
Appeal from award of damages allowed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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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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