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.
22343
Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased, et al. v. Marilyn Anne Keller, M.D., 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) |
|---|---|---|
| 1997-09-08 | Appeal closed | |
| 1994-07-21 | Correspondence (sent by the Court) to, sent to Court of Appeal for ON (Toronto, ON) enclosing their record | |
| 1993-05-06 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1993-05-06 | Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-05-06 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-04-29 | Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-04-29 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-04-22 |
Judgment on the appeal rendered, LaF So Co McL Ia, The appeal is dismissed Dismissed, no order as to costs |
|
| 1992-12-11 | General proceeding, transcripts received and distributed to the judges 90 pages) | |
| 1992-12-02 | General proceeding, to note 24 copies of "Consent to Treatment Act, 1992 (Bill 109)" (distributed to LaF, So, Co, McL, I, 92/12/03) | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-11-30 | General proceeding, BRIEF OF TRANSCRIPT EXCERPTS (6 copies - given in Court) | |
| 1992-11-30 |
Hearing of the appeal, 1992-11-30, LaF So Co McL Ia Decision reserved |
|
| 1992-11-27 | General proceeding, 10 copies (judgment of High Court of Australia - Christopher Rogers - v - H. L.Whitaker) | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-11-27 | General proceeding, 10 copies of Brief of Extracts from Trial Transcripts (referred to in factum of appellants), with service | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-11-27 | General proceeding, 10 copies of Brief of Extract of Exhibits, with service | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-11-13 | Book of authorities, 10 copies of vols. 1 to 2 (joint) | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-09-30 |
Appeal hearing scheduled, 1992-11-30 Decision reserved |
|
| 1992-09-22 |
Decision on miscellaneous motion, for an order accepting the factum in its present form, namaly no marginal numbering., McL Granted, no order as to costs |
|
| 1992-09-22 | Hearing of miscellaneous motion, 1992-09-22, for an order accepting the factum in its present form, namaly no marginal numbering., McL | |
| 1992-09-22 | Submission of miscellaneous motion, 1992-09-22, for an order accepting the factum in its present form, namaly no marginal numbering., McL | |
| 1992-09-22 |
Decision on motion to extend time, to serve and file the respondent's factum to Sept/11/1992,, McL Granted, no order as to costs |
|
| 1992-09-22 | Hearing of motion to extend time, 1992-09-22, to serve and file the respondent's factum to Sept/11/1992,, McL | |
| 1992-09-22 | Submission of motion to extend time, 1992-09-22, to serve and file the respondent's factum to Sept/11/1992,, McL | |
| 1992-09-21 | Response to miscellaneous motion, for an order to accept the respondent's factum in its present form (namely no marginal numbers every tenth line) | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-09-21 | Affidavit, for an order to accept the factum in its present form (namely no marginal numbers every tenth line); Colin Stephen Baxter | Marilyn Anne Keller, M.D. |
| 1992-09-21 | Notice of miscellaneous motion | Marilyn Anne Keller, M.D. |
| 1992-09-21 | Notice of miscellaneous motion, for an order to accept the factum in its present form (namely no marginal numbers every tenth line) | Marilyn Anne Keller, M.D. |
| 1992-09-21 | Response to motion to extend time, to serve and file the respondent's factum to Sept. 11/92 | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-09-21 | Affidavit, to serve and file the factum to Sept. 11/92; Colin Stephen Baxter | Marilyn Anne Keller, M.D. |
| 1992-09-21 | Motion to extend time, to serve and file the factum to Sept. 11/92 | Marilyn Anne Keller, M.D. |
| 1992-09-11 | Respondent's factum, 24 copies (motion for extension and to accept in its present form namely lines not numbered requested), with service | Marilyn Anne Keller, M.D. |
| 1992-08-14 | Appeal court record, (Appeal Book vol. 1 to 3) 1 box (joint with Trial record) | |
| 1992-08-14 | Trial court record, (Trial proceedings vol. 1 to 8) 1 box (with C/A record) | |
| 1992-05-26 | Appeal perfected for hearing, Session beginning on 1992-10-05 | |
| 1992-04-09 |
Decision on motion to extend time, to serve and file the appellant's factum to March, 31 1992, St Granted, no order as to costs |
|
| 1992-04-09 | Hearing of motion to extend time, 1992-04-09, to serve and file the appellant's factum to March, 31 1992, St | |
| 1992-04-09 | Submission of motion to extend time, 1992-04-09, to serve and file the appellant's factum to March, 31 1992, St | |
| 1992-04-07 | Motion to extend time, to file the factum to March 31/92 | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-03-31 | Response to motion to extend time, to file the appellant's factum | Marilyn Anne Keller, M.D. |
| 1992-03-31 | Affidavit, to file the appellant's factum (of E. Jean Polak) | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-03-31 | Appellant's factum, 24 copies (motion for extension requested), with service | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-02-04 |
Decision on motion to extend time, to serve and file the case on appeal to Jan\17\92, Reg Granted, no order as to costs |
|
| 1992-02-04 | Hearing of motion to extend time, 1992-02-04, to serve and file the case on appeal to Jan\17\92, Reg | |
| 1992-02-04 | Submission of motion to extend time, 1992-02-04, to serve and file the case on appeal to Jan\17\92, Reg | |
| 1992-01-27 | Response to motion to extend time, to file the case on appeal to Jan. 17/92 | Marilyn Anne Keller, M.D. |
| 1992-01-23 | Affidavit, to file the case on appeal to Jan. 17/92; E. Jean Polak (further ext.), with service | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-01-23 | Motion to extend time, to file the case on appeal to Jan. 17/92 (further ext.), with service | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-01-17 | Certified casebook, vol. I to X | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1992-01-17 | Case on appeal, 11 copies of vol. I to X (see motion granted on Oct. 29, 1991)****extension of time requested**** | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-10-31 | Correspondence (sent by the Court) to, from Tory, Tory; re: Soloway, Wright is Ottawa agent for them | |
| 1991-10-29 |
Decision on motion to extend time, in which to file the case on appeal to Dec\06\1991, Reg Granted, no order as to costs |
|
| 1991-10-29 | Hearing of motion to extend time, 1991-10-29, in which to file the case on appeal to Dec\06\1991, Reg | |
| 1991-10-29 | Submission of motion to extend time, 1991-10-29, in which to file the case on appeal to Dec\06\1991, Reg | |
| 1991-10-29 |
Decision on motion to reduce number of copies, to 12 copies, Reg Granted, no order as to costs |
|
| 1991-10-29 | Hearing of motion to reduce number of copies, 1991-10-29, to 12 copies, Reg | |
| 1991-10-29 | Submission of motion to reduce number of copies, 1991-10-29, to 12 copies, Reg | |
| 1991-10-23 | Response to motion to extend time, for filing the Case on Appeal to Dec. 6\91 | Marilyn Anne Keller, M.D. |
| 1991-10-23 | Motion to extend time, for filing the Case on Appeal to Dec. 6\91 | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-10-23 | Response to motion to reduce number of copies, (namely 12 copies) | Marilyn Anne Keller, M.D. |
| 1991-10-23 | Affidavit, (namely 12 copies) Vera Ciarlariello | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-10-23 | Motion to reduce number of copies, (namely 12 copies) | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-08-01 | Notice of deposit of security, With service | |
| 1991-07-26 | Notice of appeal, 2 copies, with service | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-07-26 | $500 security deposit paid, direction #2205 | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-07-04 | Close file on Leave | |
| 1991-07-04 | Notice of deposit of judgment issued to all parties, Lerner & Associates (Toronto,ON) | |
| 1991-07-04 | Notice of deposit of judgment issued to all parties, Tory, Tory, Deslauriers & Binnington (Toronto,ON) | |
| 1991-07-04 | Notice of deposit of judgment issued to all parties, McCarthy, Tétrault (Toronto,ON) | |
| 1991-07-04 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-07-04 | Hearing of the application for leave to appeal, 1991-07-04, CJ So McL | |
| 1991-07-04 | All materials on application for leave submitted to the Judges, 1991-07-04, CJ So McL | |
| 1991-05-06 | Correspondence received from, from F. Paul Morrison, re: response to Mr. Cherniak's letter of May 1, 1991 with enclosures | Marilyn Anne Keller, M.D. |
| 1991-05-01 | General proceeding, 5 copies of RRM Report and publication prepared for Physicians Management Manuals | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-04-30 | All materials on application for leave submitted to the Judges, CJ So McL | |
| 1991-04-12 | General proceeding, 5 copies, with service | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-04-12 | Application for leave to appeal, as Order of C.A. filed, Completed on: 1991-04-12 | |
| 1991-04-12 | General proceeding, 5 copies ;of Order of the C.A. | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-04-03 | Respondent's response on the application for leave to appeal, 5 copies, with service | Marilyn Anne Keller, M.D. |
| 1991-03-15 | Correspondence received from, sent to Tory, Tory, Deslauriers & Binnington (Toronto,ON) enclosing receipt for $30 filing fee | |
| 1991-03-12 | $30.00 filing fee, receipt #19247 | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
| 1991-03-12 | Application for leave to appeal, 5 copies (missing: Order of C.A. not yet entered), with service, Incomplete | Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased |
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 |
|---|---|---|
| Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased | Applicant | Active |
| Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased, Lena | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Keller, M.D., Marilyn Anne | Respondent | Active |
| Greco, M.D., Robert A. | Respondent | Active |
Counsel
Party: Vera Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased
Counsel
Earl Cherniak
P. Jackson
3000 AETNA TOWER
PO BOX 270 STN TORONTO DOMINION
TORONTO, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Ciarlariello, Administrator of the Estate of Giovanna Ciarlariello, Deceased, Lena
Counsel
2400 - 130 Adelaide St West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Keller, M.D., Marilyn Anne
Counsel
K. McLoughlin
T. Pearce
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Greco, M.D., Robert A.
Counsel
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Summary
Keywords
None.
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.
None.
Lower court rulings
Supreme Court of Ontario
7448/81
Action dismissed
Court of Appeal for Ontario
784/87
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