Case information
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36240
Jason Daoust-Crochetiere v. Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Natural Resources for the Province of Ontario
(Ontario) (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) |
|---|---|---|
| 2015-09-28 | Close file on Leave | |
| 2015-09-28 | Certificate of taxation issued to, Mr. Robert E. Houston, Q.C. | |
| 2015-09-28 | Decision on the bill of costs, in the amount of $1,122.85, Reg | |
| 2015-09-28 | Submission of the bill of costs, Reg | |
| 2015-06-29 | Bill of costs, fees missing - rec'd June 30, 2015, Completed on: 2015-06-30 | Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Natural Resources for the Province of Ontario |
| 2015-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-05-01 | Judgment on leave sent to the parties | |
| 2015-04-30 |
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 Ontario, Number C58577, 2014 ONCA 776, dated November 6, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2015-04-07 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-02-03 | Certificate (on limitations to public access) | Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Natural Resources for the Province of Ontario |
| 2015-02-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-02-03, (Electronic version filed on 2015-02-04) | Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Natural Resources for the Province of Ontario |
| 2015-01-05 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, FILE OPENED JANUARY 5, 2015 | |
| 2015-01-05 | Certificate (on limitations to public access) | Jason Daoust-Crochetiere |
| 2015-01-05 | Application for leave to appeal, (Book Form), Final CA Order to come -rec'd Feb.27/2015, Completed on: 2015-02-27, (Electronic version filed on 2015-01-05) | Jason Daoust-Crochetiere |
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 |
|---|---|---|
| Daoust-Crochetiere, Jason | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Natural Resources for the Province of Ontario | Respondent | Active |
Counsel
Party: Daoust-Crochetiere, Jason
Counsel
236 Dunlop Street West
Barrie, Ontario
L4N 1B6
Telephone: (705) 727-1700
FAX: (705) 727-0477
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Natural Resources for the Province of Ontario
Counsel
1500 - 2 Queen Street East
Toronto, Ontario
M5C 3G5
Telephone: (416) 593-2999
FAX: (416) 593-5437
Email: tdumonceau@blaney.com
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Crown law — Crown liability — Proceedings against the Crown — Notice — Limitations of actions (prescription) — Civil procedure — Pleadings — Amending pleadings after limitation expired — Whether the notice requirement set out in the Proceedings Against the Crown Act, R.S.O. 1990, c. P.27, s. 7(3), subject to any common law extension for fairness and discoverability — If the applicant is precluded from relying on s. 5(1)(c) of the Act by s. 7(3), whether the applicant is also precluded from claiming against the Crown under s. 5(1)(a) for the claims set out in the statement of claim — Whether the claim can be amended to plead an action in contract arguing that there was an implied term of the contract for use of the boat launch that the respondent would ensure it was reasonably safe for use by the public, even though the fact of a contract was not pled in the original claim.
Mr. Daoust-Crochetiere sustained an injury on a boat launch at the Wasaga Beach Provincial Park on June 13, 2010. Although he knew he had been injured and knew who was responsible, he did not believe that the injury was as severe or as permanent as it proved to be. Mr. Daoust-Crochetiere gave the Crown notice of the accident on October 27, 2010. The Respondent moved for summary judgment and dismissal of the action on the grounds that notice as required by the Proceedings Against the Crown Act, R.S.O. 1990, c. P.27, had not been given.
The motions judge granted summary judgment and dismissed the claim. The Court of Appeal dismissed Mr. Daoust-Crochetiere’s appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-12-688, 2014 ONSC 1340
Summary judgment granted; action dismissed
Court of Appeal for Ontario
C58577, 2014 ONCA 776
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.
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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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