Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38116
Tammey Clarke v. Workplace Health, Safety and Compensation Commission
(New Brunswick) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
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
v.
Counsel
Party: Clarke, Tammey
This party is not represented by counsel.
Party: Workplace Health, Safety and Compensation Commission
Counsel
1 Portland Street
P.O. Box 160
Saint-John, New Brunswick
E2L 3X9
Summary
Keywords
Appeal – Leave to Appeal – Whether applicant raises a legal issue – Whether issue is of public importance?
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.
Ms. Clarke claims to have suffered an elbow injury in 2008 while at work. In 2009, the Workplace Health, Safety and Compensation Commission accepted a claim for compensation but reversed that decision after Ms. Clarke’s employer claimed that no accident had been reported. On June 16, 2011, an appeal to the Workers’ Compensation Appeals Tribunal was dismissed. In 2012, an appeal to the Court of Appeal was dismissed. Ms. Clarke thereafter was examined by a neurologist who prepared two reports. Ms. Clarke requested a reconsideration of the Appeals Tribunal decision and sought to file the reports as new evidence. In 2015, the request for reconsideration was denied. On February 28, 2017, the Workers’ Compensation Appeal Tribunal dismissed an appeal. On November 16, 2017, the Court of Appeal dismissed an appeal.
Lower court rulings
Court of Appeal of New Brunswick
46-17-CA, 2017 NBCA 54
Appeal 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.
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
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
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-01-04 | Close file on Leave | |
| 2018-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-12-21 | Judgment on leave sent to the parties | |
| 2018-12-20 |
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 judgment of the Court of Appeal of New Brunswick, Number 46-17-CA, 2017 NBCA 54, dated November 16, 2017, is dismissed. Dismissed |
|
| 2018-12-20 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2018-11-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-11-13 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-06-18 | Notice of name, (Letter Form), Paper copy rec'd 2018/06/22 | Workplace Health, Safety and Compensation Commission |
| 2018-06-18 | Certificate (on limitations to public access), Paper copy rec'd 2018/06/22 | Workplace Health, Safety and Compensation Commission |
| 2018-06-18 | Respondent's response on the application for leave to appeal, (Letter Form), Paper copy rec'd 2018/06/22, Completed on: 2018-06-18 | Workplace Health, Safety and Compensation Commission |
| 2018-06-12 | Supplemental document, (Letter Form), Document entitled "Notice of Application for Leave to Appeal on Changes that Affects the Record and Applicant Memorandum of Arguement". | Tammey Clarke |
| 2018-06-12 | Supplemental document, (Book Form), Book of evidence that was submitted before lower courts - missing proof of service (included on document and rec'd seperately on 2018-06-26) | Tammey Clarke |
| 2018-05-24 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2018/05/24 | |
| 2018-05-08 | Notice of application for leave to appeal, (Letter Form), Amended Notice of application for leave to appeal., Completed on: 2018-05-08 | Tammey Clarke |
| 2018-04-11 | Correspondence received from, (Letter Form), Draft Court of appeal for New-Brunswick Order. | Tammey Clarke |
| 2018-04-11 | Certificate (on limitations to public access), (Letter Form) | Tammey Clarke |
| 2018-03-21 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2018-02-14 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-02-05 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2018-02-05 | Tammey Clarke |
| 2018-02-05 |
Application for leave to appeal, (Book Form), Missing An amended notice of application (2018/05/08), a copy of the final order(2018/03/21), and Public Access to Information Form (2018/04/11). Received a second amended Notice of application for leave to appeal with service (2018-06-), Completed on: 2018-02-06 |
Tammey Clarke |
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 |
|---|---|---|
| Clarke, Tammey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Workplace Health, Safety and Compensation Commission | Respondent | Active |
Counsel
Party: Clarke, Tammey
This party is not represented by counsel.
Party: Workplace Health, Safety and Compensation Commission
Counsel
1 Portland Street
P.O. Box 160
Saint-John, New Brunswick
E2L 3X9
Summary
Keywords
Appeal – Leave to Appeal – Whether applicant raises a legal issue – Whether issue is of public importance?
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.
Ms. Clarke claims to have suffered an elbow injury in 2008 while at work. In 2009, the Workplace Health, Safety and Compensation Commission accepted a claim for compensation but reversed that decision after Ms. Clarke’s employer claimed that no accident had been reported. On June 16, 2011, an appeal to the Workers’ Compensation Appeals Tribunal was dismissed. In 2012, an appeal to the Court of Appeal was dismissed. Ms. Clarke thereafter was examined by a neurologist who prepared two reports. Ms. Clarke requested a reconsideration of the Appeals Tribunal decision and sought to file the reports as new evidence. In 2015, the request for reconsideration was denied. On February 28, 2017, the Workers’ Compensation Appeal Tribunal dismissed an appeal. On November 16, 2017, the Court of Appeal dismissed an appeal.
Lower court rulings
Court of Appeal of New Brunswick
46-17-CA, 2017 NBCA 54
Appeal 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.
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
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
Not available