Docket
34362
Brian Cuthbertson, et al. v. Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
(Ontario) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-10-25 | Appeal closed | |
| 2013-10-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-10-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-10-18 | Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C53442, 2011 ONCA 482, dated June 29, 2011, heard on December 10, 2012, is dismissed without costs. The motions to adduce fresh evidence are dismissed without prejudice to the Consent and Capacity Board receiving any evidence it deems relevant. Abella and Karakatsanis JJ. are dissenting. Dismissed, without costs |
|
| 2013-10-15 | Correspondence received from, Mr. Peck rec'd by email re: request for alternative access during media lock-up | Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario |
| 2013-08-30 | Correspondence received from, Graham Webb will be participating in the lock-up | Advocacy Centre for the Elderly and ARCH Disability Law Centre |
| 2013-07-09 | Media lock-up request accepted | |
| 2013-07-08 | Media lock-up consent form received from, Larry Lee re: consent to lock-up and J Gardner Hodder will be participating | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2013-07-05 | Media lock-up consent form received from, Andrew McCutcheon re: consent to media lock-up and Erica Baron and Ken Evans will be participating | Brian Cuthbertson |
| 2013-07-05 | Correspondence received from, Mr. Scher rec'd by fax re: will be participating in the lock-up | Euthanasia Prevention Coalition |
| 2013-07-02 | Correspondence received from, Mr. Polizogopoulos re: will be participating in the lock-up | Evangelical Fellowship of Canada |
| 2013-06-19 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2013-06-07 | Media lock-up requested or proposed | |
| 2012-12-21 | Transcript received, (134 pages) | |
| 2012-12-10 | Judgment reserved OR rendered with reasons to follow | |
| 2012-12-10 | Hearing of the appeal, 2012-12-10, CJ LeB F Abe Ro Cro Ka Judgment reserved |
|
| 2012-12-10 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-12-10 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Critical Care Society |
| 2012-12-10 | Intervener's condensed book, (Book Form), Filed in Court | Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario |
| 2012-12-10 | Respondent's condensed book, (Book Form), Filed in Court | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-12-10 | Appellant's condensed book, (Book Form), File in Court | Brian Cuthbertson |
| 2012-12-06 | Correspondence received from, Andrew McCutcheon dated Dec. 5/12 joint with the consent of the appellants and respondent to both motions to adduce fresh evidence (submitted to the Court Dec. 6/12) | Brian Cuthbertson |
| 2012-11-29 | Order on motion to adduce new evidence, (by KARAKATSANIS J.) | |
| 2012-11-29 | Decision on motion to adduce new evidence, Ka, UPON APPLICATION by the appellants for an order granting leave to adduce fresh evidence namely the affidavit of Lifa Jensen-Taillefer sworn November 9, 2012; AND UPON APPLICATION by the respondent for an order to adduce fresh evidence namely the affidavit of Parichehr Salasel sworn November 22, 2012 and the affidavit of Mojgan Rasouli sworn November 25, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions to adduce fresh evidence are referred to the panel of the Court hearing the appeal and may be argued at the commencement of the hearing. If so argued, the time required for the argument of these motions will be deducted from the time allotted to the appellants and respondent for the presentation of their submissions on the appeal Referred |
|
| 2012-11-29 | Submission of motion to adduce new evidence, Ka | |
| 2012-11-27 | Correspondence received from, Mr. Schible dated Nov. 26/12 re: filing of a motion for new evidence and response to new evidence | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-11-27 | Response to the motion to adduce new evidence, (Book Form), (add. copies rec'd Dec 3/12) (sent to the Court Dec. 3/12), Completed on: 2012-11-27 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-11-27 | Motion to adduce new evidence, (Book Form), namely the affidavit of Parichehr Salasel sworn Nov. 22/12 and the affidavit of Mojgan Rasouli sworn Nov. 25/12 (add. copies rec'd Dec 3/12) (sent to the Court Dec. 3/12), Completed on: 2012-11-26 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-11-26 | Notice of appearance, Marshall Swadron, Ryan Peck and Amy Wah will be appearing, Mr. Swadron will make oral submission. | Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario |
| 2012-11-23 | Correspondence received from, M.-F. Major date Nov. 23/12 re: 3 reserved seats | Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario |
| 2012-11-20 | Response to the motion to adduce new evidence, (Letter Form), from Albertos Polizogopoulos dated Nov 20/12, Completed on: 2012-11-20 | Evangelical Fellowship of Canada |
| 2012-11-20 | Response to the motion to adduce new evidence, email from Burke-Robertson dated Nov. 20/12, Completed on: 2012-11-20 | Euthanasia Prevention Coalition |
| 2012-11-19 | Motion to adduce new evidence, (Book Form), namely the affidavit of Lifa Jensen-Taillefer sworn Nov. 9/12 (sent to the Court Dec. 3/12), Completed on: 2012-11-19 | Brian Cuthbertson |
| 2012-11-14 | Correspondence received from, Susan E. Opler request 2 reserve seats | Consent and Capacity Board |
| 2012-11-13 | Correspondence received from, Ms. Sciberras by fax dated Nov. 13/12 re: request for 2 reserved seats | Advocacy Centre for the Elderly and ARCH Disability Law Centre |
| 2012-11-09 | Correspondence received from, Gardner Hodder dated Nov. 9/12 and rec'd by fax re: 3 extras reserved seats | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-11-09 | Notice of appearance, J. Gardner Hodder, Guillermo Schible and Stefan A. De Smit will be appearing and Mr. Hodder and Schible will present oral arguments | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-11-07 | Supplemental document, Supplemental Book of Authorities, Completed on: 2012-11-07 | Brian Cuthbertson |
| 2012-10-25 | Correspondence received from, 5 reserved seats requested | Canadian Association of Critical Care Nurses |
| 2012-10-25 | Correspondence received from, 5 reserved seats requested | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-10-25 | Notice of appearance, Gardner Hodder, Guillermo Schibble and Stefan De Smit will be present at the hearing. | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-10-18 | Notice of appearance, Andrew Faith and Alexi Wood will be present at the hearing. | Canadian Critical Care Society |
| 2012-10-16 | Notice of appearance, Dianne Wintermute, Graham Webb, Clara Ho and C. Tess Sheldon will be present at the hearing. | Advocacy Centre for the Elderly and ARCH Disability Law Centre |
| 2012-10-03 | Correspondence received from, Mr. Polizogopoulos dated Oct. 2/12 re: 5 reserved seats | Evangelical Fellowship of Canada |
| 2012-10-03 | Correspondence received from, 5 reserved seats requested | Evangelical Fellowship of Canada |
| 2012-10-03 | Notice of appearance, Albertos Polizogopoulos, Don Hutchinson and Faye Sonier will be present at the hearing. | Evangelical Fellowship of Canada |
| 2012-10-01 | Notice of appearance, Hugh Scher will be present at the hearing. | Euthanasia Prevention Coalition |
| 2012-09-24 | Notice of appearance, Rahool Agarwal, Nahla Khouri and Nicholas Saint-Martin will be present at the hearing. | Canadian Association of Critical Care Nurses |
| 2012-09-12 | Correspondence received from, Gowlings rec'd Sept. 12/12 by email re: request for 16 reserved seats | Brian Cuthbertson |
| 2012-08-17 | Order on motion to extend time | |
| 2012-08-17 | Decision on motion to extend time, Cro, to serve and file the respondent's factum and book of authorities to July 17/12 and permitting oral argument at the hearing of the appeal pursuant to Rule 71(3) Granted |
|
| 2012-08-17 | Submission of motion to extend time, Cro | |
| 2012-08-17 | Order by, Cro, FURTHER TO THE ORDER dated May 31, 2012, granting leave to intervene to the Evangelical Fellowship of Canada, the Euthanasia Prevention Coalition, the Canadian Critical Care Society, the Canadian Association of Critical Care Nurses, the Advocacy Centre for the Elderly and ARCH Disability Law Centre and the Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario in the above appeal; IT IS HEREBY FURTHER ORDERED THAT: each of the following three groups of interveners, the Canadian Critical Care Society, the Canadian Association of Critical Care Nurses and the Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. AND IT IS HEREBY FURTHER ORDERED THAT: each of the following three groups of interveners, the Euthanasia Prevention Coalition, the Evangelical Fellowship of Canada and the Advocacy Centre for the Elderly and ARCH Disability Law Centre is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal Granted |
|
| 2012-08-09 | Correspondence received from, Request of 4 extra seats | Brian Cuthbertson |
| 2012-08-08 | Motion to extend time, (Book Form), to serve and file the respondent's factum and book of authorities to July 17/12 and permitting oral argument at the hearing of the appeal pursuant to Rule 71(3) (fee missing), Completed on: 2012-08-20 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-07-27 | Correspondence received from, 6 reserved seats requested | Brian Cuthbertson |
| 2012-07-26 | Intervener's book of authorities, Completed on: 2012-07-31 | Canadian Association of Critical Care Nurses |
| 2012-07-26 | Intervener's factum, service to come (rec'd July 31/12), Completed on: 2012-07-31 | Canadian Association of Critical Care Nurses |
| 2012-07-26 | Intervener's book of authorities, (3 volumes), Completed on: 2012-07-26 | Euthanasia Prevention Coalition |
| 2012-07-26 | Intervener's factum, Completed on: 2012-07-26 | Euthanasia Prevention Coalition |
| 2012-07-26 | Intervener's book of authorities, Completed on: 2012-07-26 | Canadian Critical Care Society |
| 2012-07-26 | Intervener's factum, Completed on: 2012-07-26 | Canadian Critical Care Society |
| 2012-07-26 | Intervener's book of authorities, (2 volumes), Completed on: 2012-07-26 | Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario |
| 2012-07-26 | Intervener's factum, Completed on: 2012-07-27 | Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario |
| 2012-07-26 | Intervener's book of authorities, Completed on: 2012-07-26 | Evangelical Fellowship of Canada |
| 2012-07-26 | Intervener's factum, Completed on: 2012-07-26 | Evangelical Fellowship of Canada |
| 2012-07-26 | Notice of appearance, Harry Underwood, Andrew McCutcheon and Erica Baron will be present at the hearing. | Brian Cuthbertson |
| 2012-07-25 | Intervener's book of authorities, Completed on: 2012-07-25 | Advocacy Centre for the Elderly and ARCH Disability Law Centre |
| 2012-07-25 | Intervener's factum, Completed on: 2012-07-25 | Advocacy Centre for the Elderly and ARCH Disability Law Centre |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 | Appeal hearing scheduled, 2012-12-10, (previously & tentatively scheduled for Nov. 9/12) (Early start 9:00a.m.) Judgment reserved |
|
| 2012-07-17 | Respondent's book of authorities, Completed on: 2012-08-08 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-07-17 | Respondent's factum, Motion for extension of time and a new CD requested - Rec'd on August 8, 2012 (Table of contents filed and sent to the Court on August 8, 2012), Completed on: 2012-08-08 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-06-01 | Transcript received, (15 pages) | |
| 2012-05-31 | Letter sent to Intervener(s) | |
| 2012-05-31 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-05-31 | Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Evangelical Fellowship of Canada for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND UPON APPLICATIONS by the Euthanasia Prevention Coalition, the Canadian Critical Care Society, the Canadian Association of Critical Care Nurses, the Advocacy Centre for the Elderly and ARCH Disability Law Centre and the Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Evangelical Fellowship of Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before July 26, 2012. The motions for leave to intervene of the Euthanasia Prevention Coalition, the Canadian Critical Care Society, the Canadian Association of Critical Care Nurses, the Advocacy Centre for the Elderly and ARCH Disability Law Centre and the Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario are granted and the said five groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before July 26, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not 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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. IT IS HEREBY FURTHER ORDERED THAT: The appellants are denied leave to file a reply factum without prejudice to reapplying for leave to file a reply factum after the interveners factums have been filed Granted |
|
| 2012-05-31 | Submission of motion for leave to intervene, Cro | |
| 2012-05-17 | Correspondence (sent by the Court) to, the respondent directing him to file his factum on or before June 18, 2012. | |
| 2012-05-17 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-05-17 | Decision on the motion to quash the appeal, CJ LeB De Abe Ka, The motion to quash the appeal from the judgment of the Court of Appeal for Ontario, Number C53442, 2011 ONCA 482, dated June 29, 2011, was heard this day and the following judgment was rendered: THE CHIEF JUSTICE (orally) — The motion to quash is dismissed. Dismissed |
|
| 2012-05-17 | Hearing of the motion to quash, CJ LeB De Abe Ka | |
| 2012-05-17 | Submission of motion to quash, CJ LeB De Abe Ka | |
| 2012-05-16 | Judgment on leave sent to the parties | |
| 2012-05-09 | Appellant's book of authorities, (on Motion to quash the appeal - bookform; sent to the Court on May 10/12), Completed on: 2012-05-10 | Brian Cuthbertson |
| 2012-05-07 | Notice of appearance, Lorne Waldman will be present at the hearing | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-05-03 | Notice of appearance, Harry Underwood and Erica Baron will be present at the hearing | Brian Cuthbertson |
| 2012-05-02 | Correspondence received from, (page with signature to include in Memorandum of arguments filed May 2/12 (original rec'd May 8/12)) | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-05-02 | Supplemental document, (Memorandum of Argument on Motion to quash - bookform; sent to the Court on May 3/12) (Service missing - rec'd May 3/12 by fax (original rec'd May 8/12)), Completed on: 2012-05-03 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-05-02 | Respondent's book of authorities, (on Motion to quash the appeal - bookform; sent to the Court on May 3/12) (Service missing - rec'd May 3/12 by fax), Completed on: 2012-05-03 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-04-30 | Notice of hearing sent to parties, (Oral hearing on Motion to quash the appeal) | |
| 2012-04-27 | Response to the motion to quash, Sent to the Court on April 30, 2012, Completed on: 2012-04-27 | Brian Cuthbertson |
| 2012-04-25 | Appeal hearing scheduled, 2012-05-17, (Oral hearing on motion to quash the appeal) (Start Time - 9:30 A.M.) | |
| 2012-04-25 | Correspondence received from, Harry Underwood by fax, re.: change of Ottawa agent | Brian Cuthbertson |
| 2012-04-23 | Supplemental document, (pursuant to Justice Karakatsanis's order of April 17, 2012) CD rec'd Apr. 25/12, Completed on: 2012-04-27 | Brian Cuthbertson |
| 2012-04-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (new tentative hearing date) | |
| 2012-04-20 | Motion to quash, (bookform) (12 suppl. copies of motion rec'd April 30/12) Sent to the Court on April 30, 2012 , Completed on: 2012-04-23 |
Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-04-17 | Order on motion to adduce new evidence | |
| 2012-04-17 | Decision on motion to adduce new evidence, Ka, namely the affidavit of Brian Cuthbertson sworn March 7/12 Granted |
|
| 2012-04-17 | Submission of motion to adduce new evidence, Ka | |
| 2012-04-13 | Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2012-04-13 | Evangelical Fellowship of Canada |
| 2012-04-10 | Appeal perfected for hearing | |
| 2012-03-22 | Correspondence received from, E.J. Baron dated March 21/12 & rec'd by mail, re.: request to change tentative hearing date | Brian Cuthbertson |
| 2012-03-19 | Response to the motion for leave to intervene, (bookform) (to all motions), Completed on: 2012-03-19 | Brian Cuthbertson |
| 2012-03-15 | Response to the motion to adduce new evidence, (included in motion), Completed on: 2012-03-15 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2012-03-15 | Response to the motion to adduce new evidence, Completed on: 2012-03-15 | Consent and Capacity Board |
| 2012-03-15 | Motion to adduce new evidence, namely the affidavit of Brian Cuthbertson sworn March 7/12 (bookform), Completed on: 2012-03-15 | Brian Cuthbertson |
| 2012-03-09 | Motion for leave to intervene, (bookform), Completed on: 2012-03-09 | Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario |
| 2012-03-09 | Motion for leave to intervene, (bookform), Completed on: 2012-03-09 | Advocacy Centre for the Elderly and ARCH Disability Law Centre |
| 2012-03-09 | Motion for leave to intervene, (bookform), Completed on: 2012-03-09 | Canadian Association of Critical Care Nurses |
| 2012-03-09 | Motion for leave to intervene, (bookform), Completed on: 2012-03-09 | Euthanasia Prevention Coalition |
| 2012-03-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-03-08 | Motion for leave to intervene, and to adduce new evidence contained in the affidavit of David Leasa (bookform), Completed on: 2012-03-08 | Canadian Critical Care Society |
| 2012-02-10 | Appellant's book of authorities, (3 volumes), Completed on: 2012-02-10 | Brian Cuthbertson |
| 2012-02-10 | Appellant's record, (4 volumes), Completed on: 2012-02-10 | Brian Cuthbertson |
| 2012-02-10 | Appellant's factum, Completed on: 2012-02-10 | Brian Cuthbertson |
| 2012-01-31 | Notice of deposit for security | Brian Cuthbertson |
| 2012-01-17 | Notice of appeal, Notice of security missing - Rec'd on January 31, 2012, Completed on: 2012-01-31 | Brian Cuthbertson |
| 2011-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-12-23 | Judgment on leave sent to the parties | |
| 2011-12-22 | Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C53442, 2011 ONCA 482, dated June 29, 2011, is granted without costs. Granted, without costs |
|
| 2011-12-22 | Decision on motion to expedite the application for leave to appeal, see judgment Granted |
|
| 2011-09-26 | All materials on application for leave submitted to the Judges, CJ LeB De | |
| 2011-09-26 | Submission of motion to expedite the application for leave to appeal, CJ LeB De | |
| 2011-09-16 | Correspondence received, (Letter Form), from Robert Houston re: Euthaniasia Prevention Coalition will not be seeking leave to intervene and requests to have all their submissions returned. | |
| 2011-09-15 | Correspondence received from, Mr. McCutcheon dated Sept. 13/11 re: consent from the respondent to the motion to expedite and draft order. | Brian Cuthbertson |
| 2011-09-15 | Response to the motion to expedite the application for leave to appeal, Consent, Completed on: 2011-09-15 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2011-09-13 | Correspondence received from, Erica J. Baron re: intervener status of the Euthanasia Prevention Coalition. | Brian Cuthbertson |
| 2011-09-12 | Applicant's reply to respondent's argument, Completed on: 2011-09-12 | Brian Cuthbertson |
| 2011-09-06 | Respondent's response on the application for leave to appeal, One copy missing (rec'd September 15, 2011), Completed on: 2011-09-15 | Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel |
| 2011-08-22 | Correspondence received from, Andrew E. McCutcheon on Aug 18, 2011 RE: return of CA order form | Brian Cuthbertson |
| 2011-08-11 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2011-08-10 | Motion to expedite the application for leave to appeal, Completed on: 2011-08-10 | Brian Cuthbertson |
| 2011-08-05 | Book of authorities | Brian Cuthbertson |
| 2011-08-05 | Application for leave to appeal, 2 volumes, signed C/A order missing (draft order included) (Final C/A order received on Sep 27, 2011) (Sent to the Court on Oct. 11, 2011), Completed on: 2011-09-27 | Brian Cuthbertson |
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