Case information
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33908
Basho Oran v. Hussein Musbah Khalaff Abourawi, 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) |
|---|---|---|
| 2011-06-14 | Close file on Leave | |
| 2011-06-10 | Certificate of taxation issued to, Nadia Effendi | |
| 2011-06-09 | Decision on the bill of costs, in the amount of $1,238.42, Reg | |
| 2011-06-09 | Submission of the bill of costs, (Bill of Costs filed May 11/11), Reg | |
| 2011-05-30 | Certificate of taxation issued to, Henry. S. Brown | |
| 2011-05-25 | Decision on the bill of costs, in the amount of $1,685.22, Reg | |
| 2011-05-25 | Submission of the bill of costs, (Bill of Costs filed March 28/11), Reg | |
| 2011-05-16 | Response to the bill of costs, (Bill of Costs filed May 11/11), Completed on: 2011-05-16 | Basho Oran |
| 2011-05-11 | Bill of costs, Completed on: 2011-05-11 | Hotel Dieu Grace Hospital and Administrator Mr. Neil McEvoy |
| 2011-03-28 | Bill of costs, (Fees to follow-rec'd June 1/11), Completed on: 2011-06-01 | Hussein Musbah Khalaff Abourawi |
| 2011-01-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-01-21 | Judgment on leave sent to the parties | |
| 2011-01-20 |
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 C51733, 2010 ONCA 567, dated August 30, 2010, is dismissed with costs Dismissed, with costs |
|
| 2010-12-08 | Order on motion to extend time | |
| 2010-12-08 |
Decision on motion to extend time, to serve and file the response to November 22, 2010, Reg Granted |
|
| 2010-12-08 | Submission of motion to extend time, to serve and file the response to November 22, 2010, Reg | |
| 2010-12-06 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2010-11-29 | Response to motion to extend time, (Letter Form), from B. Oran dated Nov. 27/10 (by fax), Completed on: 2010-11-29 | Basho Oran |
| 2010-11-26 | Response to motion to extend time, joint with motion, Completed on: 2010-11-26 | Hussein Musbah Khalaff Abourawi |
| 2010-11-26 | Motion to extend time, to serve and file the response to November 22, 2010, Completed on: 2010-11-26 | Hotel Dieu Grace Hospital and Administrator Mr. Neil McEvoy |
| 2010-11-26 | Applicant's reply to respondent's argument, Completed on: 2010-11-26 | Basho Oran |
| 2010-11-24 | Correspondence (sent by the Court) to, E. Krajewska, re.: permission to work on response | |
| 2010-11-22 | Respondent's response on the application for leave to appeal, (extension of time requested for filing - rec'd Nov. 26/10), Completed on: 2010-11-26 | Hotel Dieu Grace Hospital and Administrator Mr. Neil McEvoy |
| 2010-11-18 | Respondent's response on the application for leave to appeal, Completed on: 2010-11-18 | Hussein Musbah Khalaff Abourawi |
| 2010-10-25 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2010-10-22 | Correspondence received from, Mr.Oran. Received by fascimile transmission a copy of forms 25A, 25B, and of the proof of service. | Basho Oran |
| 2010-10-21 | Application for leave to appeal, Trial Cour order and Appeal Court orders are missing. Received on October 28th, 2010., Completed on: 2010-10-29 | Basho Oran |
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 |
|---|---|---|
| Oran, Basho | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Abourawi, Hussein Musbah Khalaff | Respondent | Active |
| Hotel Dieu Grace Hospital and Administrator Mr. Neil McEvoy | Respondent | Active |
Counsel
Party: Oran, Basho
This party is not represented by counsel.
Party: Abourawi, Hussein Musbah Khalaff
Counsel
80 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 640-6339
FAX: (519) 932-3339
Email: ktranquilli@lerners.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Hotel Dieu Grace Hospital and Administrator Mr. Neil McEvoy
Counsel
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6674
FAX: (416) 361-2535
Email: amarrison@blgcanada.com
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
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.
Charter - Torts – Medical battery and negligence – Patient claiming surgical procedure performed without informed consent – Allegations of substandard treatment and care – What constitutes medical battery.
The applicant Mr. Oran is an unrepresented litigant. He attended his family doctor complaining of testicular pain and was referred to the respondent Khalaff, an independent doctor with admitting privileges at the Hôtel Dieu Grace Hospital. Dr. McEnvoy was the hospital administrator at the relevant time. The applicant claimed damages alleging battery and malpractice. Allegations of lack of informed consent, of the procedure being performed on the wrong side, and the wrong procedure were raised.
Lower court rulings
Ontario Superior Court of Justice
CV-08-10832 CM
On application for summary judgment, action in tort dismissed
Court of Appeal for Ontario
2010 ONCA 567, C51733
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
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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
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