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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.


27061

Joanna Smith as Executor of the Estate of Dr. Michael S.W. Smith, Deceased, et al. v. The College of the Physicians and Surgeons of Ontario, et al.

(Ontario) (Civil) (By Leave)

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)
1999-09-14 Close file on Leave
1999-08-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
1999-08-06 Copy of formal judgment on leave being prepared
1999-07-09 Notice of deposit of judgment issued to all parties
1999-07-08 Decision on motion to adduce new evidence
Dismissed, with costs
1999-07-08 Judgment of the Court on the application for leave to appeal, The application to adduce new evidence and the application for leave to appeal are dismissed with costs.
Dismissed, with costs
1999-06-07 Submission of motion to adduce new evidence, CJ McL Ia
1999-06-07 All materials on application for leave submitted to the Judges, CJ McL Ia
1999-02-08 Response to the motion to adduce new evidence, book form, Incomplete The College of the Physicians and Surgeons of Ontario
1999-01-29 Book of authorities, Completed on: 1999-01-29 Joanna Smith as Executor of the Estate of Dr. Michael S.W. Smith, Deceased
1999-01-29 Motion to adduce new evidence, 5 copies - book form, Completed on: 1999-02-05 Joanna Smith as Executor of the Estate of Dr. Michael S.W. Smith, Deceased
1999-01-28 Applicant's reply to respondent's argument, Completed on: 1999-02-05 Joanna Smith as Executor of the Estate of Dr. Michael S.W. Smith, Deceased
1999-01-22 Respondent's response on the application for leave to appeal, Completed on: 1999-01-22 The College of the Physicians and Surgeons of Ontario
1999-01-22 General proceeding, 5 copies of formal order of C.A. Joanna Smith as Executor of the Estate of Dr. Michael S.W. Smith, Deceased
1999-01-12 Letter acknowledging receipt of an incomplete application for leave to appeal
1998-12-29 Application for leave to appeal, Completed on: 1999-01-25 Joanna Smith as Executor of the Estate of Dr. Michael S.W. Smith, 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

Main parties - Appellants
Name Role Status
Joanna Smith as Executor of the Estate of Dr. Michael S.W. Smith, Deceased Applicant Active
Smith, Joanna Applicant Active
Smith, Adam Applicant Active
Gutoskie, Brett Applicant Active
Smith, Marysa Applicant Active
Selena Smith by their Litigation Guardian, Joanna Smith Applicant Active

v.

Main parties - Respondents
Name Role Status
The College of the Physicians and Surgeons of Ontario Respondent Active
Edney, Rachel Respondent Active
Johnson, Gary Respondent Active
Morrison, George Respondent Active
Homer, Joseph Respondent Active
Coco, Jenny Respondent Active

Counsel

Party: Joanna Smith as Executor of the Estate of Dr. Michael S.W. Smith, Deceased

Counsel
J. Bruce Carr-Harris
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Smith, Joanna

Counsel
J. Bruce Carr-Harris
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Smith, Adam

Counsel
J. Bruce Carr-Harris
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Gutoskie, Brett

Counsel
J. Bruce Carr-Harris
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Smith, Marysa

Counsel
J. Bruce Carr-Harris
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Selena Smith by their Litigation Guardian, Joanna Smith

Counsel
J. Bruce Carr-Harris
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: The College of the Physicians and Surgeons of Ontario

Counsel
Donald Posluns
The College of Physicians and Surgeons of Ontario
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647

Party: Edney, Rachel

Counsel
Donald Posluns
The College of Physicians and Surgeons of Ontario
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647

Party: Johnson, Gary

Counsel
Donald Posluns
The College of Physicians and Surgeons of Ontario
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647

Party: Morrison, George

Counsel
Donald Posluns
The College of Physicians and Surgeons of Ontario
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647

Party: Homer, Joseph

Counsel
Donald Posluns
The College of Physicians and Surgeons of Ontario
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647

Party: Coco, Jenny

Counsel
Donald Posluns
The College of Physicians and Surgeons of Ontario
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647

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

September 25, 1996
Ontario Court of Justice (General Division)

91045/95

See file

October 28, 1998
Court of Appeal for Ontario

C25719

Appeal Allowed, see file.

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.

Downloadable PDFs

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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.

Downloadable PDFs

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Webcasts

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Date modified: 2025-02-27