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ARTICLE · 25 APRIL 2013

Four Factors To Be Addressed On An Application For Leave To Appeal: Honour V. Canada, 2008 BCCA 346

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A discussion relating to a case dealing with an application to seek leave to appeal from a motion decision.

CanadaLitigation, Mediation & Arbitration
Gowlings TV
Gowlings TV
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This is application to seek leave to appeal from a motion decision. The action arose out of a helicopter crash. The owner and pilot of the helicopter, Mr. Honour and a passenger, Mr. Chadwick were both killed. Mrs. Honour and Mrs. Chadwick brought lawsuits respectively against various defendants including the manufacturers of the helicopter, the engine and the fuel pump, and Transport Canada via Attorney General of Canada.

A defendant obtained an email from Mr. Honour to another defendant, which was not included in the list of production by Mrs. Honour. Defence counsel then asked Mr. Camp counsel for Mrs. Honour to review the hard-drive of Mr. Honour’s computer in order to retrieve any relevant documents.

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