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.
34456
Jodi Lock O'Brien, et al. v. Mirella Rochelle Steinebach, an infant by her litigation guardian ad litem May Jean Steinebach, et al.
(British Columbia) (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) |
|---|---|---|
| 2012-04-13 | Close file on Leave | |
| 2012-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-03-30 | Judgment on leave sent to the parties | |
| 2012-03-29 |
Judgment of the Court on the application for leave to appeal, The motion to consider the applications for leave to appeal together is granted. The applications for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA038278 and CA038279, 2011 BCCA 302, dated June 29, 2011, are dismissed with costs. Dismissed, with costs |
|
| 2012-03-29 |
Decision on the miscellaneous motion, (See judgment above) Granted |
|
| 2012-02-20 | Submission of miscellaneous motion, CJ Ro Mo | |
| 2012-02-20 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-01-06 | Correspondence received from, (Letter Form), Marie-France Major, via fax, dated Jan.06/2012, re.: updating contact information. | Mirella Rochelle Steinebach, an infant by her litigation guardian ad litem May Jean Steinebach |
| 2011-10-27 | Applicant's reply to respondent's argument, From Ed Van Bemmel dated Oct. 27, 2011, rec'd by email, re.: applicant Jodi Locke O'Brien will not be filing a reply, Completed on: 2011-10-27 | Jodi Lock O'Brien |
| 2011-10-18 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-18 | Mirella Rochelle Steinebach, an infant by her litigation guardian ad litem May Jean Steinebach |
| 2011-09-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-09-29 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-09-27 | Book of authorities, (2 volumes) | Fraser Health Authority operating a public hospital under the name of Surrey Memorial Hospital and Charito Hermogenes |
| 2011-09-27 | Application for leave to appeal, SECOND APPLICATION, Completed on: 2011-09-27 | Fraser Health Authority operating a public hospital under the name of Surrey Memorial Hospital and Charito Hermogenes |
| 2011-09-27 | Notice of miscellaneous motion, (Letter Form), (The applications be considered together), Completed on: 2011-09-29 | Jodi Lock O'Brien |
| 2011-09-27 | Application for leave to appeal, FIRST APPLICATION, (Service missing), rec'd Sept.30, 2011, Completed on: 2011-10-05 | Jodi Lock O'Brien |
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 |
|---|---|---|
| Lock O'Brien, Jodi | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mirella Rochelle Steinebach, an infant by her litigation guardian ad litem May Jean Steinebach | Respondent | Active |
| Steinebach, May Jean | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Fraser Health Authority operating a public hospital under the name of Surrey Memorial Hospital and Charito Hermogenes | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mirella Rochelle Steinebach, an infant by her litigation guardian ad litem May Jean Steinebach | Respondent | Active |
| Steinebach, May Jean | Respondent | Active |
Counsel
Party: Lock O'Brien, Jodi
Counsel
3200 - 650 Georgia St West
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: jlepp@harpergrey.com
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: Fraser Health Authority operating a public hospital under the name of Surrey Memorial Hospital and Charito Hermogenes
Counsel
2100-1075 Georgia St.W.
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 844-5520 Ext: 520
FAX: (604) 688-1315
Email: cl_woods@guildyule.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Mirella Rochelle Steinebach, an infant by her litigation guardian ad litem May Jean Steinebach
Counsel
Marie-France Major
Metro Tower II
1140 - 4720 Kingsway
Burnaby, British Columbia
V5H 4N2
Telephone: (604) 435-6948
FAX: (604) 435-3569
Email: drenaud@axionet.com
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Steinebach, May Jean
Counsel
Marie-France Major
Metro Tower II
1140 - 4720 Kingsway
Burnaby, British Columbia
V5H 4N2
Telephone: (604) 435-6948
FAX: (604) 435-3569
Email: drenaud@axionet.com
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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.
Torts – Causation – Negligence – Circumstances in which a trier of fact may infer a causal relationship in the absence of any evidence of a substantial connection between the allegedly negligent conduct and the harm – Whether a breach of the standard of care can be found in a medical malpractice case in the absence of expert evidence supporting such a breach – Circumstances in which an inference of causation can be drawn using the but-for test for causation.
Mirella Steinebach has cerebral palsy. Mrs. Steinebach’s birth of Mirella was complicated by a complete placental abruption during childbirth. The respondents sued the applicants, alleging that Dr. O’Brien and two nurses were negligent in their prenatal and obstetrical care when she attended at the hospital to give birth to Mirella. They claimed that the harm to Mirella would have been prevented but for the defendants’ negligence or that they materially contributed to her harm. The trial judge dismissed the claim against one nurse. He found that Dr. O’Brien and Nurse Charito Hermogenes each breached a duty of care owed to the respondents and that they caused the injury suffered by Mirella. He awarded $1,411,000 in damages. The Court of Appeal dismissed an appeal.
Lower court rulings
Supreme Court of British Columbia
S072221, 2010 BCSC 832
Action in negligence allowed
Court of Appeal for British Columbia (Vancouver)
2011 BCCA 302, CA038278; CA038279
Appeal dismissed
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.
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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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