Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2006-09-27	Close file on Leave
2006-09-27	Correspondence (sent by the Court) to, P. Benge from N. Loreti re: acknowledge receipt of his letter dated September 6, 2006 - Document not microfilmed but is on file
2006-09-06	Correspondence received from, P. Benge dated September 6, 2006, hand writing re: order pursuant to rule 67 - Document not microfilmed but is on file	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2004-01-09	Correspondence (sent by the Court) to, A. Benge, (Order dated Jan. 5, 2004 signed by Bastarache J.)
2004-01-05	Order by, Bastarache J. BY VIRTUE of the authority given to the Court pursuant to Rule 67 of the Rules of the Supreme Court of Canada; IT IS HEREBY ORDERED that the applicants are barred from filing further proceedings in this matter.
2003-11-26	Supplemental document, (response - rule 67) - 1 copy - book form	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2003-11-10	Correspondence (sent by the Court) to, Mr. Benge, from D. Registrar with notice of request for vexatious proceedings
2003-10-21	Correspondence received from, P. S. Benge re: in response to his letter returned to him on Oct. 3/03	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2003-10-03	Correspondence (sent by the Court) to, Mr. Benge from N. Loreti re: returning his letter of Sept. 23/03
2003-10-02	Correspondence received from, W.C. McDowell dated Sept. 29/03 re: in response to Mr. Benge's letter of Sept. 23/03 (by fax)	John Muscadere
2003-09-25	Correspondence received from, Mr. Benge dated Sept. 23/03 - returned to him Oct. 3/03	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2003-09-05	Correspondence (sent by the Court) to, P. Benge from A. Roland re: acknowledge receipt of his letter dated Aug. 5, 2003
2003-08-08	Correspondence received from, P. Benge to A. Roland dated Aug 5, 2003	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2003-06-05	Correspondence received from, P. Benge dated June 4, 2003 re: acknowledge receipt of the Registrar's letter dated May 22, 2003	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2003-05-22	Correspondence (sent by the Court) to, to P. Benge from Registrar re: acknowledge receipt of his letter dated April 23, 2003 - no further remedy in this Court
2003-04-23	Book of authorities, additional re: 2e reconsideration	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2003-04-23	Correspondence received from, P. Benge dated April 23, 2003 re: in response to N. Loreti's letter dated April 15, 2003	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2003-04-15	Correspondence (sent by the Court) to, P. Benge from N. Loreti re: the Court cannot do anything further (second reconsideration)
2002-10-10	Motion for reconsideration of the application for leave to appeal, (2e ré-examen) - 4 copies, Incomplete	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2002-02-18	Correspondence received from, P. Benge en date du 15 février 2002 et adressée à Mr. William McDowell (télécopieur)	Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)
2001-11-29	Close file on Leave
2001-11-28	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2001-11-07	Copy of formal judgment on leave being prepared, reconsideration
2001-11-05	Notice of deposit of judgment on motion for reconsideration issued to all parties
2001-11-01	Decision on the motion for reconsideration of the application for leave to appeal Dismissed, with costs
2001-10-23	Correspondence received from, J. Boudreau dated Oct. 22, 2001 re: her letter dated June 27, 2001 be submitted to the Court (response on reconsideration)	Toronto General Hospital
2001-10-09	Submission of motion for reconsideration of the application for leave to appeal to panel, L'HD G Ba
2001-10-02	Correspondence (sent by the Court) to, Mr. Benge de A. Roland re: la demande de ré-examen sera soumise à la Cour
2001-10-02	Correspondence received from, Borden, Ladner dated Sept. 27, 2001 re: Mr. Benge's letter dated Sept. 19, 2001	Toronto General Hospital
2001-09-24	Correspondence received from, P. Benge en date du 19 septembre 2001 re: ré-examen	Pierre Benge
2001-09-12	Correspondence (sent by the Court) to, P. Benge de A. Roland re: Reekie
2001-07-19	Response to motion for reconsideration of the application for leave to appeal, (Letter Form), from W. McDowell dated July 18, 2001 re: will rely upon their response filed in Jan. 1999, Completed on: 2001-07-19	John Muscadere
2001-06-29	Response to motion for reconsideration of the application for leave to appeal, (Letter Form), from J. Boudreau dated June 27/01 re: will not deliver formal responding materials but will rely on previous documents filed in Jan./99 (enclosing a copy of a letter dated Jan. 8/ 99 - 5 copies) and copy of response filed Jan. 11, 1999 (book form-1 copy), Completed on: 2001-06-29	Toronto General Hospital
2001-06-14	Motion for reconsideration of the application for leave to appeal, Completed on: 2001-06-14	Pierre Benge
1999-06-25	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
1999-06-25	Copy of formal judgment on leave being prepared
1999-06-18	Notice of deposit of judgment issued to all parties
1999-06-17	Judgment of the Court on the application for leave to appeal, The motion for extension of time is granted and the application for leave to appeal is dismissed with costs. Dismissed, with costs
1999-06-17	Decision on motion to extend time to file and /or serve the leave application Granted, no order as to costs
1999-05-25	Submission of motion to extend time to file and/ or serve the leave application, L'HD G Ba
1999-05-25	All materials on application for leave submitted to the Judges, L'HD G Ba
1999-02-11	Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from W. McDowell dated Feb. 11, 1999 (fax copy) re: does not object to the late filing of leave application, Completed on: 1999-02-11	John Muscadere
1999-02-02	General proceeding, (Letter Form), (clear type and written endorsement of C.A. received via Court of Appeal - judgment dated Oct. 1, 1998 - fax copy)	Pierre Benge
1999-01-27	Motion to extend the time to file and or serve the application for leave to appeal, to Dec. 8, 1998, Completed on: 1999-01-27	Pierre Benge
1999-01-22	Applicant's reply to respondent's argument, Completed on: 1999-01-22	Pierre Benge
1999-01-11	Respondent's response on the application for leave to appeal, (Letter Form), Incomplete	Toronto General Hospital
1999-01-11	Respondent's response on the application for leave to appeal, (joint response with W. H. Francombe), Completed on: 1999-01-11	John Muscadere
1998-12-23	General proceeding, 5 copies of item 15 of leave application	Pierre Benge
1998-12-08	Application for leave to appeal, (extension of time requested) - judgment of C.A. dated October 1, 1998 as per Nathalia of the Court of Appeal , Completed on: 1998-12-08	Pierre Benge

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Albertine and Pierre Benge (mother and father), Mireille (sister), Olivier (brother), Elliot (brother) and Maryse (sister), (on behalf of Dorothée-Belthilde Benge, MNR 077 92 62 deceased November 27, 1990)	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Toronto General Hospital	Respondent	Active
Lazar, N. M.	Respondent	Active
Muscadere, John	Respondent	Active
Francombe, W. H.	Respondent	Active
Maurer, J. R.	Respondent	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

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 filing 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.

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Factums on appeal

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.

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