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.
39047
Health Genetic Center Corp. o/a Health Genetic Center, et al. v. Peter Aldhous, 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) |
|---|---|---|
| 2020-08-25 | Close file on Leave | |
| 2020-08-25 | Certificate of taxation issued to, Sandra Barton | |
| 2020-08-25 | Decision on the bill of costs, in the amount of $1,399.35, DeRg | |
| 2020-08-25 | Submission of the bill of costs, DeRg | |
| 2020-08-17 |
Correspondence received from, (Letter Form), Thomas Slade. The applicants will not be filing a response to the notice of taxation and bill of costs., (Printed version due on 2020-08-24) |
Health Genetic Center Corp. o/a Health Genetic Center |
| 2020-05-13 |
Bill of costs, (Letter Form), MISSING: filing fee (received 2020-11-12), Completed on: 2020-11-12, (Printed version due on 2020-05-21) |
Peter Aldhous |
| 2020-04-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-24 | Judgment on leave sent to the parties | |
| 2020-04-23 |
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 C66385, 2019 ONCA 977, dated December 12, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-03-24 | Certificate (on limitations to public access), (Letter Form), 23B | Health Genetic Center Corp. o/a Health Genetic Center |
| 2020-03-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-03-17 | Applicant's reply to respondent's argument, (Book Form), Required: 23B (rec'd 2020-03-24), Completed on: 2020-03-24 | Health Genetic Center Corp. o/a Health Genetic Center |
| 2020-03-09 | Notice of name, (Letter Form) | Reed Business Information Ltd. |
| 2020-03-09 | Certificate (on limitations to public access), (Letter Form), 23B | Peter Aldhous |
| 2020-03-09 | Certificate (on limitations to public access), (Letter Form), 23A | Peter Aldhous |
| 2020-03-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-03-09 | Peter Aldhous |
| 2020-02-06 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 02/06/20 | |
| 2020-02-03 | Certificate (on limitations to public access), (Letter Form), 23B | Health Genetic Center Corp. o/a Health Genetic Center |
| 2020-02-03 | Certificate (on limitations to public access), (Letter Form), 23A | Health Genetic Center Corp. o/a Health Genetic Center |
| 2020-02-03 | Notice of name, (Letter Form) | Health Genetic Center Corp. o/a Health Genetic Center |
| 2020-02-03 |
Application for leave to appeal, (Book Form), Missing: -Amended notice of application containing the correct date for the decision at the Court of Appeal (rec'd confirmation 2020-03-24 that CA decision rendered on bench; date is correct) -CA Order (rec'd 2020-03-03), Completed on: 2020-03-24 |
Health Genetic Center Corp. o/a Health Genetic Center |
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 |
|---|---|---|
| Health Genetic Center Corp. o/a Health Genetic Center | Applicant | Active |
| Melekhovets, Yuri | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Aldhous, Peter | Respondent | Active |
| Reed Business Information Ltd. | Respondent | Active |
Counsel
Party: Health Genetic Center Corp. o/a Health Genetic Center
Counsel
Cory Giordano
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Melekhovets, Yuri
Counsel
Cory Giordano
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Aldhous, Peter
Counsel
Erin Farrell
Suite 1600, 1 First Canadian Place, 100 King Street W.
P.O. Box 121, Stn. 1st Canadian Place
Toronto, Ontario
M5X 1G5
Telephone: (416) 814-5674
FAX: (416) 862-7661
Email: sandra.barton@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Reed Business Information Ltd.
Counsel
Erin Farrell
Suite 1600, 1 First Canadian Place, 100 King Street W.
P.O. Box 121, Stn. 1st Canadian Place
Toronto, Ontario
M5X 1G5
Telephone: (416) 814-5674
FAX: (416) 862-7661
Email: sandra.barton@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Courts — Judges — Impartiality — Reasonable apprehension of bias — Trial judge dismissing action in defamation — Trial judge concluding that defence of justification and other defences established — Reasonable apprehension of bias of trial judge raised on appeal — Court of Appeal dismissing appeal — What constitutes evidence of bias in Canada? — What is the test and proper approach for determining whether judicial conduct or reasons support a reasonable apprehension of bias? — When is a costs award no longer fair and reasonable?
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.
PUBLICATION BAN IN CASE
In 2001, Dr. Melekhovets and his company (the applicants) began selling a prenatal paternity test to the public. The test purported to extract the DNA of the fetus from a sample of the mother’s blood while other tests obtained the DNA of the fetus from the womb. In 2010, a magazine owned by Reed Business Information Ltd. published an article written by Peter Aldhous (the respondents) criticizing the applicants’ test for yielding unreliable results. The applicants sued in defamation. The respondents raised defences, including justification. The trial judge concluded that the respondents had established their defences based on the respondents’ evidence. The applicants appealed, raising the single ground that the trial judge’s conduct of the trial and his reasons for decision gave rise to a reasonable apprehension of bias. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 7224, CV-11-00420193-0000
Applicants’ defamation action dismissed.
Court of Appeal for Ontario
2019 ONCA 977, C66385
Appeal dismissed. Application for leave to appeal costs award 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