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.
35249
Ural Direk, et al. v. Nina Kryshtalskyj, M.D., C.C.F.P., 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) |
|---|---|---|
| 2013-09-04 | Close file on Leave | |
| 2013-09-04 | Reconsideration not accepted for filing, (documents returned) | |
| 2013-05-30 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2013-05-28 | Supplemental document, (application in forma pauperis) | Ural Direk |
| 2013-05-28 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2013-05-29 | Ural Direk |
| 2013-05-14 | Close file on Leave | |
| 2013-05-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-05-10 | Judgment on leave sent to the parties | |
| 2013-05-09 |
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, Number C55857, 2013 ONCA 14, dated January 7, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-04-08 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2013-04-05 | Respondent's response on the application for leave to appeal, (Letter Form), From Jameel Madhany dated April 5, 2013. Re: Will not be filing a response, Completed on: 2013-04-05 | Nina Kryshtalskyj, M.D., C.C.F.P. |
| 2013-03-20 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response, Completed on: 2013-03-20 | St. Joseph's Health Centre - Toronto |
| 2013-03-13 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response, Completed on: 2013-03-13 | Zellers Drug Stores Ltd. |
| 2013-03-08 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2013-03-06 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2013-03-05 | Correspondence received from, Fee waiver request | Ural Direk |
| 2013-03-05 | Application for leave to appeal, Fee waiver granted by the Registrar March 8/13 (5 volumes), Completed on: 2013-03-05 | Ural Direk |
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 |
|---|---|---|
| Direk, Ural | Applicant | Active |
| Direkoglu, Kemal | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nina Kryshtalskyj, M.D., C.C.F.P. | Respondent | Active |
| John H. Wait, M.D., F.R.C.S.(C), Aberfoyle Health Centre | Respondent | Active |
| Zellers Drug Stores Ltd. | Respondent | Active |
| Zellers Pharmacy #223, Carried on as High Park Zellers Pharmacy | Respondent | Active |
| St. Joseph's Health Centre - Toronto | Respondent | Active |
Counsel
Party: Direk, Ural
This party is not represented by counsel.
Party: Direkoglu, Kemal
This party is not represented by counsel.
Party: Nina Kryshtalskyj, M.D., C.C.F.P.
Counsel
Meighan Leon
Julie Parla
Toronto Dominion Bank Tower
Box 48, Suite 5300
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8329
FAX: (416) 868-0673
Email: jmadhany@mccarthy.ca
Party: John H. Wait, M.D., F.R.C.S.(C), Aberfoyle Health Centre
Counsel
Toronto Dominion Bank Tower
Box 48, Suite 5300
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8329
FAX: (416) 868-0673
Email: jmadhany@mccarthy.ca
Party: Zellers Drug Stores Ltd.
Counsel
Eric Golden
2 Queen Street East
Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 597-4898
FAX: (416) 593-5437
Email: dstone@blaney.com
Party: Zellers Pharmacy #223, Carried on as High Park Zellers Pharmacy
Counsel
2 Queen Street East
Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 597-4898
FAX: (416) 593-5437
Email: dstone@blaney.com
Party: St. Joseph's Health Centre - Toronto
Counsel
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6241
FAX: (416) 367-6749
Email: jmorris@blgcanada.com
Summary
Keywords
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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.
Judgments and orders – Summary judgment – Applicants’ statement of claim against Respondents struck without leave to amend except leave granted to amend statement of claim pertaining to allegations against St. Joseph’s Health Centre – Whether various organizations and individual co-conspirators participated in material conspiracy and engaged in crimes against humanity against Applicants
The Applicants first statement of claim seeking $75,000,000 in damages against the Respondents was struck, with leave to amend. The Respondents brought a second motion to strike the Applicants’ amended statement of claim.
Lower court rulings
Ontario Superior Court of Justice
09-CV-371979
Respondents’ motion granted in part; Statement of claim struck without leave to amend except with respect to St. Joseph’s Health Centre.
Court of Appeal for Ontario
C55857, 2013 ONCA 14
Appeal dismissed
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