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.
| 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
| 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.
| 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
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Smith, Joanna
Counsel
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Smith, Adam
Counsel
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Gutoskie, Brett
Counsel
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Smith, Marysa
Counsel
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
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
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647
Party: Edney, Rachel
Counsel
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647
Party: Johnson, Gary
Counsel
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647
Party: Morrison, George
Counsel
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647
Party: Homer, Joseph
Counsel
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647
Party: Coco, Jenny
Counsel
80 College Street
Toronto, Ontario
M5G 2E2
Telephone: (416) 967-2600 Ext: 433
FAX: (416) 967-2647
Summary
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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.
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Lower court rulings
Ontario Court of Justice (General Division)
91045/95
See file
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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Related links
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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