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.
40760
Rana Dutton v. Shandi Schwab, 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.
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: Dutton, Rana
Counsel
800 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (778) 373-8209
FAX: (778) 373-4111
Email: dshane@preszlerlaw.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Schwab, Shandi
Counsel
1550 – 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 638-1084
FAX: (604) 638-1101
Email: jmiller@pacificlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Insurance Corporation of British Columbia
Counsel
1550 – 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 638-1084
FAX: (604) 638-1101
Email: jmiller@pacificlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: John Doe
This party is not represented by counsel.
Summary
Keywords
Torts — Motor vehicles — Burden of proof — Applicant injured in motor vehicle accident contending she was not the driver at the time of the accident — Where the issue in a civil liability case is who was driving a vehicle causing the plaintiff injuries, and where the occupants of the vehicle were known, is it necessary that the plaintiff prove on a balance of probabilities which occupant of the vehicle was driving the vehicle, or is it the court’s role is to find, on a preponderance of evidence, who was more likely driving the vehicle? — Did the trial judge commit an overriding and palpable error of law in finding that the preponderance of evidence did not prove that the respondent was more likely than not driving the vehicle? — Did the trial judge impose on the applicant a higher standard of proof than was required?
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.
On March 5, 2016, the applicant, Ms. Dutton, was seriously injured in a motor vehicle accident when her vehicle struck the side of a semi-trailer on Highway 97, near Chetwynd, British Columbia. The respondent, Ms. Schwab, was the only other occupant of the vehicle at the time of the accident. The main question for the court was who was driving the car. The trial judge stated that Ms. Dutton failed to prove that it was more likely than not that Ms. Schwab was the driver and dismissed her action. This decision was upheld on appeal.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 1314, M182910
Applicant’s action dismissed.
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 161, CA47596
Applicant’s 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) |
|---|---|---|
| 2023-11-10 | Close file on Leave | |
| 2023-11-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-09 | Judgment on leave sent to the parties | |
| 2023-11-09 |
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 CA47596, 2023 BCCA 161, dated April 6, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-10-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-06 | Correspondence received from, (Letter Form), CA Orders | Rana Dutton |
| 2023-07-27 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-07-27, (Printed version filed on 2023-07-27) | Rana Dutton |
| 2023-07-25 | Certificate (on limitations to public access), Form 23A | Shandi Schwab |
| 2023-07-25 | Notice of name | Shandi Schwab |
| 2023-07-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-07-25, (Printed version filed on 2023-07-25) | Shandi Schwab |
| 2023-06-01 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED: 2023-06-01 | |
| 2023-05-31 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-05-31) | Rana Dutton |
| 2023-05-31 |
Application for leave to appeal, (Book Form), Missing: -CA Order (rec'd 2023-10-06), Completed on: 2023-10-10, (Printed version filed on 2023-05-31) |
Rana Dutton |
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 |
|---|---|---|
| Dutton, Rana | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Schwab, Shandi | Respondent | Active |
| Insurance Corporation of British Columbia | Respondent | Active |
| John Doe | Respondent | Active |
Counsel
Party: Dutton, Rana
Counsel
800 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (778) 373-8209
FAX: (778) 373-4111
Email: dshane@preszlerlaw.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Schwab, Shandi
Counsel
1550 – 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 638-1084
FAX: (604) 638-1101
Email: jmiller@pacificlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Insurance Corporation of British Columbia
Counsel
1550 – 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 638-1084
FAX: (604) 638-1101
Email: jmiller@pacificlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: John Doe
This party is not represented by counsel.
Summary
Keywords
Torts — Motor vehicles — Burden of proof — Applicant injured in motor vehicle accident contending she was not the driver at the time of the accident — Where the issue in a civil liability case is who was driving a vehicle causing the plaintiff injuries, and where the occupants of the vehicle were known, is it necessary that the plaintiff prove on a balance of probabilities which occupant of the vehicle was driving the vehicle, or is it the court’s role is to find, on a preponderance of evidence, who was more likely driving the vehicle? — Did the trial judge commit an overriding and palpable error of law in finding that the preponderance of evidence did not prove that the respondent was more likely than not driving the vehicle? — Did the trial judge impose on the applicant a higher standard of proof than was required?
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.
On March 5, 2016, the applicant, Ms. Dutton, was seriously injured in a motor vehicle accident when her vehicle struck the side of a semi-trailer on Highway 97, near Chetwynd, British Columbia. The respondent, Ms. Schwab, was the only other occupant of the vehicle at the time of the accident. The main question for the court was who was driving the car. The trial judge stated that Ms. Dutton failed to prove that it was more likely than not that Ms. Schwab was the driver and dismissed her action. This decision was upheld on appeal.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 1314, M182910
Applicant’s action dismissed.
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 161, CA47596
Applicant’s 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