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.
31079
Lumbermens Mutual Casualty Company v. Harold George Herbison, Mary Ann Herbison, et al.
(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) |
|---|---|---|
| 2007-10-30 | Appeal closed | |
| 2007-10-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-10-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-10-19 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C39948 and C40602, dated June 7, 2005, heard on December 11, 2006, is allowed but, in the circumstances, with each party bearing its own costs here and in the courts below. Allowed, with costs |
|
| 2007-01-05 | Transcript received, (60 pages) | |
| 2006-12-11 | Judgment reserved OR rendered with reasons to follow | |
| 2006-12-11 | Appellant's condensed book, Submitted in Court (18 copies) | Lumbermens Mutual Casualty Company |
| 2006-12-11 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-12-11 |
Hearing of the appeal, 2006-12-11, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-11-15 |
Order by, Cha, FURTHER TO THE ORDER of Charron J. dated October 18, 2006, granting leave to intervene to the Insurance Bureau of Canada; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-11-14 | Intervener's book of authorities, Completed on: 2006-11-14 | Insurance Bureau of Canada |
| 2006-11-14 | Intervener's factum, Completed on: 2006-11-14 | Insurance Bureau of Canada |
| 2006-10-18 | Letter sent to Intervener(s) | |
| 2006-10-18 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2006-10-18 |
Decision on the motion for leave to intervene, Cha, The motion for leave to intervene of the applicant, the Insurance Bureau of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 13, 2006. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by its intervention. Granted |
|
| 2006-10-10 | Submission of motion for leave to intervene, Cha | |
| 2006-09-29 | Appeal perfected for hearing | |
| 2006-09-27 | Respondent's book of authorities, Completed on: 2006-09-27 | Harold George Herbison, Mary Ann Herbison |
| 2006-09-27 | Respondent's record, Completed on: 2006-09-27 | Harold George Herbison, Mary Ann Herbison |
| 2006-09-27 | Respondent's factum, Completed on: 2006-09-27 | Harold George Herbison, Mary Ann Herbison |
| 2006-09-11 | Response to the motion for leave to intervene, of the Insurance Bureau of Canada (oppose), Completed on: 2006-09-11 | Harold George Herbison, Mary Ann Herbison |
| 2006-09-01 | Motion for leave to intervene, Completed on: 2006-09-01 | Insurance Bureau of Canada |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 |
Appeal hearing scheduled, 2006-12-11, (Previously Nov. 14 and 17/06) Judgment reserved |
|
| 2006-08-09 | Appellant's book of authorities, Completed on: 2006-08-09 | Lumbermens Mutual Casualty Company |
| 2006-08-04 | Appellant's record, (Vol I to III), Completed on: 2006-08-04 | Lumbermens Mutual Casualty Company |
| 2006-08-04 | Appellant's factum, (proof of delivery rec'd Aug. 9/06 - CD rec'd Aug. 14/06), Completed on: 2006-08-15 | Lumbermens Mutual Casualty Company |
| 2006-05-12 | Notice of appeal, Completed on: 2006-05-29 | Lumbermens Mutual Casualty Company |
| 2006-05-11 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-04-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-04-21 | Judgment on leave sent to the parties | |
| 2006-04-20 |
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, Numbers C39948 and C40602, dated June 7, 2005, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2006-02-06 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-12-05 | Correspondence received from, Colin R. Dubeau, dated Dec. 5/05 by fax (Re: CA Order) | Lumbermens Mutual Casualty Company |
| 2005-11-01 | Correspondence received from, Colin R. Dubeau dated Nov. 1, 2005. Re: C/A Order coming soon. | Lumbermens Mutual Casualty Company |
| 2005-10-14 | Applicant's reply to respondent's argument, (Memorandum of Argument not signed - signed page rec'd. Oct. 18/05), Completed on: 2005-10-18 | Lumbermens Mutual Casualty Company |
| 2005-10-06 | Correspondence received from, Mark Charron dated October 5, 2005. Re: C/A Order | Lumbermens Mutual Casualty Company |
| 2005-10-05 | Respondent's response on the application for leave to appeal, Completed on: 2005-10-05 | Harold George Herbison, Mary Ann Herbison |
| 2005-09-06 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-09-02 | Application for leave to appeal, CA Order missing - rec'd. Dec 21/05, Completed on: 2005-12-21 | Lumbermens Mutual Casualty Company |
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 |
|---|---|---|
| Lumbermens Mutual Casualty Company | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Harold George Herbison, Mary Ann Herbison | Respondent | Active |
| Jordan Daniel Herbison, Joseph Harold Herbison and Lydia Rachel Herbison by their Litigation Guardian Harold George Herbison | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Insurance Bureau of Canada | Intervener | Active |
Counsel
Party: Lumbermens Mutual Casualty Company
Counsel
Colin R. Dubeau
Jaye E. Hooper
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 237-0520
FAX: (613) 237-3163
Party: Harold George Herbison, Mary Ann Herbison
Counsel
Scott D. Laushway
214 King St. W.
Prescott, Ontario
K0E 1T0
Telephone: (613) 925-5991
FAX: (613) 925-4533
Agent
200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0735
FAX: (613) 238-3501
Party: Jordan Daniel Herbison, Joseph Harold Herbison and Lydia Rachel Herbison by their Litigation Guardian Harold George Herbison
Counsel
Scott D. Laushway
214 King St. W.
Prescott, Ontario
K0E 1T0
Telephone: (613) 925-5991
FAX: (613) 925-4533
Agent
200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0735
FAX: (613) 238-3501
Party: Insurance Bureau of Canada
Counsel
Danielle K. Royal
Ellen M. Snow
5300 Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5204
FAX: (416) 947-0866
Email: adsilva@stikeman.com
Agent
50 O'Connor Street
Suite 1600
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0541
FAX: (613) 230-8877
Email: jwhitehead@stikeman.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.
While driving to his hunting stand, Mr. Wolfe negligently shot another hunter. At the time, Mr. Wolfe was outside his truck, but it was running and its headlights were on. Mr. Wolfe was insured under a standard automobile liability insurance policy issued by the Appellant. The policy provided coverage for loss or damage "arising from the ownership or directly or indirectly from the use or operation" of the truck: s. 239(1) of the Insurance Act, R.S.O. 1990, c. I.8. The Wolfes were found liable to the Herbisons in tort for $832,272.85. The Herbisons sought to recover the award from the insurer, saying that the coverage condition of the policy as engaged. A motion for summary judgment was dismissed. The Herbisons lost at trial, but, on appeal, the insurer was ordered indemnify the Herbisons. The insurer was not successful in appealing on costs or summary judgment.
Lower court rulings
Ontario Superior Court of Justice
02-0272
Applicant's application for summary judgment dismissed
Ontario Superior Court of Justice
02-0272
Respondents' action in third party indemnity pursuant to s. 239(1) of the Insurance Act dismissed
Court of Appeal for Ontario
C39948, C40602
Appeal allowed; Applicant to indemnify the Respondents in the sum of $832,272.85
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
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
Not available