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26954

Robert Lindsay v. Worker's Compensation Board, et al.

(Saskatchewan) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2000-04-03 Record returned to the Registrar of the Court of Appeal
2000-02-09 Appeal closed
2000-02-09 Formal judgment sent to the registrar of the court of appeal and all parties
2000-02-09 Copy of formal judgment being prepared
2000-01-24 Notice of deposit of judgment sent to all parties
2000-01-20 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi, We are all of the view, substantially for the reasons of MacPherson C.J. in the Saskatchewan Court of Queen's Bench, to dismiss the appeal, affirm the judgment of the Court of Appeal and the decisison of the Court of Queen's Bench with costs to the respondents.
Dismissed, with costs
2000-01-20 Hearing of the appeal, 2000-01-20, CJ L'HD G Ia Ma Ba Bi
Decision rendered
2000-01-11 Notice of appearance Robert Lindsay
2000-01-04 Decision on motion for additional time to present oral argument, Ba, of 20 minutes on behalf of the respondents.
Dismissed, no order as to costs
2000-01-04 Submission of motion for additional time to present oral argument, Ba
1999-12-23 Response to the motion for additional time to present oral argument, (letter form) from Kevin Clarke re: takes no position, Completed on: 1999-12-23 Robert Lindsay
1999-12-14 Motion for additional time to present oral argument, (an additional 20 minutes of oral argument) - 1 copy, Completed on: 1999-12-16 John Ofiesh
1999-12-09 Appeal hearing scheduled, 2000-01-20
Decision rendered
1999-11-26 Order on motion to extend time
1999-11-26 Decision on motion to extend time, Reg, to serve & file the factum of the respondent Workers' Compensation Board to Nov. 25/99.nunc pro tunc.
Granted, no order as to costs
1999-11-26 Submission of motion to extend time, Reg
1999-11-25 Response to motion to extend time, Completed on: 1999-11-25 Regina District Health Board
1999-11-25 Response to motion to extend time, Completed on: 1999-11-25 Robert Lindsay
1999-11-25 Motion to extend time, to serve and file their Factum to Nov. 25/99, Completed on: 1999-11-25 Worker's Compensation Board
1999-11-25 Respondent's factum, (returned for corrections Nov. 26/99 - back from corrections Nov. 29/99), Completed on: 1999-11-25 Worker's Compensation Board
1999-11-02 Respondent's book of authorities, Completed on: 1999-11-02 John Ofiesh
1999-10-07 Respondent's book of authorities, Completed on: 1999-10-07 Regina District Health Board
1999-10-07 Respondent's record, Completed on: 1999-10-07 Regina District Health Board
1999-10-07 Respondent's factum, Completed on: 1999-10-07 Regina District Health Board
1999-10-04 Appeal court record, (1 small box)
1999-09-22 Appeal perfected for hearing, Session beginning on 2000-01-17
1999-09-16 Respondent's record, Completed on: 1999-09-16 John Ofiesh
1999-09-16 Respondent's factum, Completed on: 1999-09-16 John Ofiesh
1999-08-13 Order on motion to expedite the appeal, (by the Court)
1999-08-13 Decision on motion to expedite the appeal, CJ, 1. The motion by the respondents Dr. John Ofiesh and Dr. Prakash Patel for an order adding this appeal to the Fall 1999 session is dismissed. 2. This appeal is to be heard on a date to be fixed during the weeks of Jan. 17, 2000 or Jan. 24, 2000 immediately following the hearing of the appeals in Dr. G.S. Singh and the Workers' Compensation Board of B.C. v. Francis Elizabeth Kovach (25784)
Dismissed, no order as to costs
1999-08-13 Appellant's record, 25 copies, Completed on: 1999-08-13 Robert Lindsay
1999-08-13 Appellant's factum, 25 copies, Completed on: 1999-08-13 Robert Lindsay
1999-08-13 Appellant's book of authorities, 13 copies, Completed on: 1999-08-13 Robert Lindsay
1999-08-11 Submission of motion to expedite the appeal, CJ
1999-08-11 Response to motion to expedite the appeal, (Letter Form), letter from Kerri A. Froc (by fax) dated August 11/99, Completed on: 1999-08-11 Regina District Health Board
1999-08-10 Response to motion to expedite the appeal, (Letter Form), from R. Richards dated Aug. 9, 1999 (fax copy) re:does not object to the Lindsay appeal being heard with the Kovach appeal, Completed on: 1999-08-10 Worker's Compensation Board
1999-08-09 Response to motion to expedite the appeal, (Letter Form), from K. Clarke dated Aug. 9, 1999 (fax copy) re: has no objection to the application brought by the Respondents, Completed on: 1999-08-09 Robert Lindsay
1999-07-29 Motion to expedite the appeal, (to be heard in fall 1999 session and to follow the appeals of Workers' Compensation Board of B.C. v. Kovach) - 1 copy, Completed on: 1999-08-05 John Ofiesh
1999-05-11 Notice of change of counsel, (Kevin A. Clarke of the law firm Richmond, Nychuk) Robert Lindsay
1999-04-26 Order granting leave to appeal
1999-04-26 Letter acknowledging receipt of notice of appeal
1999-04-23 Notice of appeal, ($10.00 requested- paid Apr. 28 receipt 33315), Completed on: 1999-04-23 Robert Lindsay
1999-03-26 Notice of deposit of judgment issued to all parties
1999-03-25 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
1999-02-15 All materials on application for leave submitted to the Judges, Co Ma Bi
1998-12-14 Correspondence received from, from Merchant Law Group, letter dated Dec. 5, 1998 re: no reasons have been given in the Court of Appeal Robert Lindsay
1998-12-11 Respondent's response on the application for leave to appeal, Completed on: 1998-12-11 John Ofiesh
1998-12-09 Respondent's response on the application for leave to appeal, Completed on: 1998-12-09 Worker's Compensation Board
1998-12-02 Respondent's response on the application for leave to appeal, Completed on: 1998-12-02 Regina District Health Board
1998-11-24 Letter acknowledging receipt of an incomplete application for leave to appeal, sent to Merchant Law Group, Reginald Watson, Robert Richards and Brad Hunter
1998-11-09 Application for leave to appeal, Completed on: 1998-12-21 Robert Lindsay

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

Main parties - Appellants
Name Role Status
Lindsay, Robert Appellant Active

v.

Main parties - Respondents
Name Role Status
Worker's Compensation Board Respondent Active
Ofiesh, John Respondent Active
Patel, Prakash Respondent Active
Regina District Health Board Respondent Active

Counsel

Party: Lindsay, Robert

Counsel
Name
Kevin A. Clarke
Contact information
Richmond Nychuk
100- 2255 Albert Street
Regina, Saskatchewan
S4P 2V5
Telephone: (306) 359-0202
FAX: (306) 359-0330
Agent
Name
Kenneth Purchase
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Worker's Compensation Board

Counsel
Names
Robert G. Richards, Q.C.
Wayne P. Dale
Contact information
MacPherson Leslie & Tyerman
1500 - 1874 Scarth St
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Ofiesh, John

Counsel
Names
Brad D. Hunter
Brian A. Crane, Q.C.
Contact information
McKercher McKercher & Whitmore
1783 Hamilton Street
10th Floor, Scotia Centre
Regina, Saskatchewan
S4P 2B6
Telephone: (306) 352-7661
FAX: (306) 781-7113
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Patel, Prakash

Counsel
Name
Brad D. Hunter
Contact information
McKercher McKercher & Whitmore
1783 Hamilton Street
10th Floor, Scotia Centre
Regina, Saskatchewan
S4P 2B6
Telephone: (306) 352-7661
FAX: (306) 781-7113
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Regina District Health Board

Counsel
Names
Reginald A. Watson
Kerri A. Froc
Contact information
Balfour Moss LLP
700 - 2103, 11th Avenue
Regina, Saskatchewan
S4P 4G1
Telephone: (306) 347-8300
FAX: (306) 347-8350
Email: reg.watson@balfourmoss.com
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

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.

None.

Lower court rulings

November 13, 1997
Court of Queen’s Bench of Saskatchewan

1153 of 1997

application dismissed

September 9, 1998
Court of Appeal for Saskatchewan

2886

appeal dismissed

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

Not available

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

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13