Case Name:

Brebric v. Niksic

Krystyna Brebric, Steven Brebric and Krystyna

Brebric as Litigation Guardian for Tomy Brebric,

a minor

Ivan Niksic

[2002] S.C.C.A. No. 383

File No.: 29388

Supreme Court of Canada

Record created: September 26, 2002.

Appeal From:

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO

Status:

Application for leave to appeal dismissed without costs (without reasons) March 20, 2003.

Catchwords:

Canadian Charter -- Civil -- Civil Rights -- Right to equality -- Definition of "spouse" in s. 29 of Family Law Act, R.S.O. 1990, c. F.3, including unmarried couples who have cohabited continuously for a period of not less than three year -- Applicant challenging constitutionality of definition as it applies to s. 61 of Act to define who may make a claim for damages in tort for the death or injury of a family member through the negligence of a third party -- Whether imposition of three-year limitation period for cohabitation an appropriate bar to a dependant's right to claim damages pursuant to s. 61 -- Whether definition of "spouse" violates s. 15(1) of Canadian Charter of Rights and Freedoms.

Counsel:

Raymond G. Colautti (Raphael Partners), for the motion.

Mason Greenaway (Donaldson, Donaldson, Greenaway), contra.

Chronology:

1. Application for leave to appeal:

FILED: September 26, 2002. S.C.C. Bulletin, 2002, p. 1358.

2. Motion for leave to intervene in the application for leave to appeal:

By:

Attorney General of Ontario

Granted November 7, 2002. Before: Gonthier J. S.C.C. Bulletin, 2002, p. 1605.

3. Application for leave to appeal:

SUBMITTED TO THE COURT: January 27, 2003. S.C.C.

Bulletin, 2003, p. 130.

DISMISSED WITHOUT COSTS: March 20, 2003 (without reasons).

S.C.C. Bulletin, 2003, p. 450.

Before: Gonthier, Major and Arbour JJ.

Procedural History:

Judgment	at first instance: Applicants' motion for summary
	judgment dismissed; Applicant Krystyna Brebric's
	action dismissed.
	Ontario Superior Court of Justice, Patterson J., June
	18, 2001.

Judgment on appeal: Appeal dismissed.

Ontario Court of Appeal, McMurtry C.J.O., Weiler and

Armstrong JJ.A., July 29, 2002.

215 D.L.R. (4th) 643; 60 O.R. (3d) 630; [2002] O.J. No. 2974

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