De Caries v. State Farm/Certas Home Financial and Auto Insurance Company

De Caries v. State Farm/Certas Home Financial and Auto Insurance Company
Court (s) Database
Federal Court of Appeal Decisions
Date
2019-03-20
Neutral citation
2019 FCA 50
File numbers
A-395-17
Decision Content
Date: 20190320
Docket: A-395-17
Citation: 2019 FCA 50
CORAM:
PELLETIER J.A.
WEBB J.A.
RENNIE J.A.
BETWEEN:
GLENN DE CARIES
Appellant
and
STATE FARM/CERTAS HOME FINANCIAL AND AUTO INSURANCE COMPANY AND DR. DAVID HOLT, DR. RAYMOND ZATZMAN
Respondents
Heard at Ottawa, Ontario, on March 14, 2019.
Judgment delivered at Ottawa, Ontario, on March 20, 2019.
REASONS FOR JUDGMENT BY:
RENNIE J.A.
CONCURRED IN BY:
PELLETIER J.A.
WEBB J.A.
Date: 20190320
Docket: A-395-17
Citation: 2019 FCA 50
CORAM:
PELLETIER J.A.
WEBB J.A.
RENNIE J.A.
BETWEEN:
GLENN DE CARIES
Appellant
and
STATE FARM/CERTAS HOME FINANCIAL AND AUTO INSURANCE COMPANY AND DR. DAVID HOLT, DR. RAYMOND ZATZMAN
Respondents
REASONS FOR JUDGMENT
RENNIE J.A.
[1] This is an appeal of an order of the Federal Court (per LeBlanc J.) dated November 10, 2017 (T-803-17) dismissing the appellant’s request for an extension of time within which to file a notice of appeal for an order of Prothonotary Aalto rendered July 31, 2017. In that order, the Prothonotary struck the appellant’s statement of claim without leave to amend on the basis that the Federal Court lacked jurisdiction to hear it.
[2] Upon review, I am in agreement with the reasons given by the Federal Court.
[3] The judge applied the correct test applicable to extensions of time (Canada (Attorney General) v. Hennelly, 167 F.T.R. 158 at para 3, 244 N.R. 399; Canada (Attorney General) v. Larkman, 2012 FCA 204, 433 N.R. 184), and I see no palpable and overriding error in his consideration of the relevant factors, including the absence of a reasonable explanation for the delay and the potential merit of the appeal (Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology, 2016 FCA 215, [2017] 1 F.C.R. 331; Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235).
[4] I would therefore dismiss the appeal with costs.
[5] In closing, I wish to make one observation for the benefit of Mr. De Caries. The decision of the Prothonotary, as confirmed by the Federal Court, has nothing to do with the merits of his allegations of professional negligence against the defendants. Those decisions simply say that Mr. De Caries has brought his claim in the wrong court.
“Donald J. Rennie”
J.A.
“I agree
J.D. Denis Pelletier J.A.”
“I agree
Wyman W. Webb J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED NOVEMBER 10, 2017, DOCKET NUMBER T-803-17
DOCKET:
A-395-17
STYLE OF CAUSE:
GLENN DE CARIES v. STATE FARM/CERTAS HOME FINANCIAL AND AUTO INSURANCE COMPANY AND DR. DAVID HOLT,
DR. RAYMOND ZATZMAN
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
March 14, 2019
REASONS FOR JUDGMENT BY:
RENNIE J.A.
CONCURRED IN BY:
PELLETIER J.A. WEBB J.A.
DATED:
MARCH 20, 2019
APPEARANCES:
Glenn De Caries
(on his own behalf)
For The Appellant
Nadia Marotta
For The Respondents
DR. DAVID HOLT AND DR. RAYMOND ZATZMAN
Paula J. Thomas
FOR THE RESPONDENTS STATE FARM/CERTAS HOME FINANCIAL AND AUTO INSURANCE COMPANY
SOLICITORS OF RECORD:
Lerners LLP
Toronto, Ontario
For The Respondents
DR. DAVID HOLT AND DR. RAYMOND ZATZMAN
Desjardins General Insurance Group – Claims Legal Department
Mississauga, Ontario
FOR THE RESPONDENTS STATE FARM/CERTAS HOME FINANCIAL AND AUTO INSURANCE COMPANY