Case information
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23195
Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone, et al. v. Nelson Savein, 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) |
|---|---|---|
| 1994-07-22 | Correspondence (sent by the Court) to, sent to C/A of BC (Vancouver, BC) enclosing their record | |
| 1994-03-16 | Correspondence (sent by the Court) to, sent to Court of Appeal of B.C. enclosing their record | |
| 1994-02-17 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1994-02-17 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-17 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1994-02-01 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-01 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1994-01-27 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed in part. The decision of the trial judge that the appellant's life expectancy is 22.5 years from the date of trial is restored. The Court of Appeal's deduction of 50 per cent from the award for lost earning capacity is maintained. Costs here and below should be assessed in accordance with the disposition of the respective issues. Allowed, no order as to costs |
|
| 1993-11-08 | General proceeding, transcripts received and distributed to the justices (124 pages) | |
| 1993-11-01 |
Hearing of the appeal, 1993-11-01, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1993-11-01 |
Decision on motion to strike out, CJ LaF L'HD So G Co McL Ia Ma Granted, no order as to costs |
|
| 1993-11-01 | Hearing of motion to strike out, 1993-11-01, CJ LaF L'HD So G Co McL Ia Ma | |
| 1993-11-01 | Submission of motion to strike out, 1993-11-01, CJ LaF L'HD So G Co McL Ia Ma | |
| 1993-11-01 |
Decision on motion to adduce new evidence, CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1993-11-01 | Hearing of the motion to adduce new evidence, 1993-11-01, CJ LaF L'HD So G Co McL Ia Ma | |
| 1993-11-01 | Submission of motion to adduce new evidence, 1993-11-01, CJ LaF L'HD So G Co McL Ia Ma | |
| 1993-11-01 | Order on motion for additional time to present oral argument | |
| 1993-11-01 | Order on motion to adduce new evidence | |
| 1993-11-01 | Order on motion to strike out | |
| 1993-10-28 | Correspondence (sent by the Court) to, (by fax) of Susan A. Griffin (Roberts & Griffin) in response to the letter of John G. Dives re motion to admit new evidence sent to CJ LaF L'HD So G Co McL I Ma, Oct 28/93 | |
| 1993-10-28 | Correspondence (sent by the Court) to, (by fax) of John G. Dives (Bull, Housser & Tupper) re application to admit new evidence dated Oct. 27 1993 sent to CJ LaF L'HD So G Co McL I Ma, Oct 28, 1993 | |
| 1993-10-18 | Book of authorities, 10 copies of vols. 1 to 3 JOINT | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-10-04 | Appellant's argument on the motion to adduce new evidence, 10 copies (APPELLANT'S MOTION BRIEF - RESPONDENTS' APPLICATION TO ADMIT NEW EVIDENCE) | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-10-04 | General proceeding, (10 copies) (APPELLANT'S ERRATA SHEET - TO BE DISTRIBUTED TO THE JUDGES) | |
| 1993-09-23 |
Appeal hearing scheduled, 1993-11-01 Decision reserved |
|
| 1993-09-21 |
Decision on motion for additional time to present oral argument, at the hearing of the appeal is heard and the following ordered: The parties will have 2 hrs. and 40 minutes for the appeal and an additional 30 minutes for the motion to adduce fresh evidence., with service, Reg Granted, no order as to costs |
|
| 1993-09-21 | Hearing of motion for additional time to present oral argument, 1993-09-21, at the hearing of the appeal is heard and the following ordered: The parties will have 2 hrs. and 40 minutes for the appeal and an additional 30 minutes for the motion to adduce fresh evidence., with service, Reg | |
| 1993-09-21 | Submission of motion for additional time to present oral argument, 1993-09-21, at the hearing of the appeal is heard and the following ordered: The parties will have 2 hrs. and 40 minutes for the appeal and an additional 30 minutes for the motion to adduce fresh evidence., with service, Reg | |
| 1993-09-20 | Notice of hearing, 1 copy, with service | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-09-20 | Affidavit, of John G. Dives, with service | Burnaby Hospital |
| 1993-09-20 | Motion for additional time to present oral argument, (an additional 30 minutes at the hearing of the appeal), with service | Burnaby Hospital |
| 1993-09-17 | Affidavit, (2 copies) of Darrell W. Roberts, with service | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-09-16 | Motion for additional time to present oral argument, (2 copies): additional 15 minutes at the hearing by the appellant, with service | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-09-15 | Supplemental factum, 24 copies (see order of Major 1993/08/18), with service | Burnaby Hospital |
| 1993-09-15 | Supplemental factum, 24 copies (see order of Major 1993/08/18) | Nelson Savein |
| 1993-09-15 | Respondent's factum, 24 copies, with service | Burnaby Hospital |
| 1993-09-15 | Respondent's factum, 24 copies | Nelson Savein |
| 1993-09-15 | Motion to adduce new evidence, (bookform) to be heard with the appeal (joint with R02 Burnaby Hospital) RETURNABLE 1993/11/02 (see order of Major 1993/08/18) | Nelson Savein |
| 1993-09-15 | Motion to strike out, (bookform) to be heard with the appeal (joint with R02 Burnaby Hospital) (see order of Major August 18, 1993) | Nelson Savein |
| 1993-08-18 |
Decision on motion to adduce new evidence, is adjourned to the bench taken to hear the appeal on Tuesday the 2nd day of November, 1993. Traversed, no order as to costs |
|
| 1993-08-18 |
Hearing of the motion to adduce new evidence, 1993-08-18, is adjourned to the bench taken to hear the appeal on Tuesday the 2nd day of November, 1993. Adjourned |
|
| 1993-08-18 |
Submission of motion to adduce new evidence, 1993-08-18, is adjourned to the bench taken to hear the appeal on Tuesday the 2nd day of November, 1993. Adjourned |
|
| 1993-08-18 | Proof of service, of Lawrence McManus of the motion for new evidence | |
| 1993-08-18 |
Decision on motion to strike out, is adjourned to the bench taken to hear the appeal on Tuesday the 2nd day of November, 1993 Traversed, no order as to costs |
|
| 1993-08-18 |
Hearing of motion to strike out, 1993-08-18, is adjourned to the bench taken to hear the appeal on Tuesday the 2nd day of November, 1993 Adjourned |
|
| 1993-08-18 |
Submission of motion to strike out, 1993-08-18, is adjourned to the bench taken to hear the appeal on Tuesday the 2nd day of November, 1993 Adjourned |
|
| 1993-08-17 | Appellant's argument on the motion to adduce new evidence, With service | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-08-17 | Proof of service, of the Motion to adduce new evidence and to strike out and the affidavit of Mr. C.E. Hinkson | |
| 1993-08-17 | General proceeding, to note "Respondent's Aide Memoire" for the motion to introduce new evidence | Nelson Savein |
| 1993-08-16 | Affidavit, of Darrell W. Roberts in response to the Respondents' applications to aduce new evidence, with service | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-08-16 | Affidavit, the paragraph 81 and Appendix A from the appellant's factum (of Christopher E. Hinkson) (this affidavit replaces the one filed on August 12, 1993) | Burnaby Hospital |
| 1993-08-16 | Affidavit, RETURNABLE August 18, 1993 (Christopher E. Hinkson ) (this affidavit replaces the one filed on August 12, 1993) filed on behalf Nelson savein and | Burnaby Hospital |
| 1993-08-13 | Correspondence (sent by the Court) to, of Susan A. Griffin (Roberts and Griffin) to advise the Court that she intends to oppose the Respondents' motion of Wednesday August 18, 1993 | |
| 1993-08-12 | Affidavit, (of Christopher E. Hinkson) filed on behalf R01 Nelson Savein and | Burnaby Hospital |
| 1993-08-12 | Motion to strike out, paragraph 81 and appendix A from the appellant's factum | Burnaby Hospital |
| 1993-08-12 | Motion to adduce new evidence, RETURNABLE AUGUST 18, 1993 | Burnaby Hospital |
| 1993-08-12 | Motion to strike out, paragraph 81 and appendix A from the appellant's factum | Nelson Savein |
| 1993-08-12 | Motion to adduce new evidence, RETURNABLE AUGUST 18, 1993 | Nelson Savein |
| 1993-08-12 | Affidavit, paragraph 81 and appendix A from the appellant's factum (of Christopher E. Hinkson) filed on behalf R01 Nelson Savein and | Burnaby Hospital |
| 1993-07-23 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1993-06-04 | Correspondence (sent by the Court) to, fr. Roberts, Muir re: font size of factum | |
| 1993-06-03 | General proceeding, advised counsel for the appellant that the size of print of their factum is OK | |
| 1993-06-02 | Appeal court record, (accordeon) | |
| 1993-05-31 | Certified casebook, vol. 1 to 3 | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-05-28 | Appellant's factum, 24 copies, with service | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-05-18 | Case on appeal, 23 copies of vol. I to III | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Roberts, Muir and Griffin (Vancouver, BC) enclosing Rule 32 | |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Harper Grey Easton (Vancouver, BC) re: Rule 32 enclosed | |
| 1993-03-09 | Appeal court record, (accordeon) | |
| 1993-02-23 | General proceeding, copy of Formal Order of C.A. | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-02-17 | Notice of appeal, With service | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-02-17 | Notice of appeal, 1 copy, with service | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-02-11 | Order granting leave to appeal, With service | |
| 1993-02-10 | Notice of deposit of security, 1 copy, with service | |
| 1993-02-08 | $500 security deposit paid, (receipt no. 2255) | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1993-02-05 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1993-02-04 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-02-04 | Hearing of the application for leave to appeal, 1993-02-04, CJ McL Ia | |
| 1993-02-04 | All materials on application for leave submitted to the Judges, 1993-02-04, CJ McL Ia | |
| 1992-11-26 | Correspondence received from, from Roberts, Muir; re: formal order not yet finalized | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1992-11-23 | Application for leave to appeal, as per B. Kincaid, Completed on: 1992-11-23 | |
| 1992-11-23 | All materials on application for leave submitted to the Judges, CJ McL I | |
| 1992-11-23 | Correspondence received from, from Gowling; re: formal order of C/A not yet settled | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1992-11-04 | Proof of service, of response (letterform) | |
| 1992-10-30 | Applicant's reply to respondent's argument, 5 copies | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1992-10-26 | Respondent's response on the application for leave to appeal, 5 copies, with service | Nelson Savein |
| 1992-10-26 | Respondent's response on the application for leave to appeal, 5 copies | Burnaby Hospital |
| 1992-10-19 | General proceeding, CONSENT by the applicant and the respondent to use the same Ottawa Agent | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1992-10-14 | Proof of service, of the application for leave to appeal | |
| 1992-10-13 | Correspondence received from, sennt to Gowling, Strathy & Henderson (Ottawa,ON) Re: acknowledge receipt of your application for leave to appeal. Regret to inform that material does not comply with the Court's requirements as Proof of Service and Formal Order of C/A missing. Applicati | |
| 1992-10-06 | General proceeding, Notice of Change of Solicitor from J. Raymond MacLeod to Darrell W. Roberts, Q.C. | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1992-10-06 | Court of Appeal casebooks and transcripts of evidence, 3 copies of vols. 1 and 2 of appeal book | |
| 1992-10-06 | Book of authorities, 5 copies | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1992-10-06 | $30.00 filing fee, receipt #25993 | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
| 1992-10-06 | Application for leave to appeal, 5 copies (missing proof of service and formal- order of C.A.), Incomplete | Jessica Teresa Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone |
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 |
|---|---|---|
| Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone, Jessica Teresa | Applicant | Active |
| Toneguzzo, Rosetta Carmela | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Savein, Nelson | Respondent | Active |
| Burnaby Hospital | Respondent | Active |
Counsel
Party: Toneguzzo-Norvell, an infant by her mother and guardian ad litem, Rosetta Carmela Tone, Jessica Teresa
Counsel
1101 - 840 Howe Street
Vancouver, British Columbia
V6Z 2L2
Telephone: (604) 682-9766
FAX: (604) 682-6746
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Toneguzzo, Rosetta Carmela
Counsel
1101 - 840 Howe Street
Vancouver, British Columbia
V6Z 2L2
Telephone: (604) 682-9766
FAX: (604) 682-6746
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Savein, Nelson
Counsel
3100 - 650 Georgia St West
Box 11504
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: chinkson@hgelaw.com
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Burnaby Hospital
Counsel
3000 - 1055 GEORGIA ST W
BOX 11130
VANCOUVER, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
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.
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Lower court rulings
Supreme Court of British Columbia
C893067
Assessment of damages in the amount of $1,981,879
Court of Appeal for British Columbia (Vancouver)
x
appeal allowed
Filed documents
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 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 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
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Related links
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
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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