Case information
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35485
Ghislain Hudon, personally and in his capacity as tutor to his minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon, et al. v. Jean-Marie Lévesque
(Quebec) (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) |
|---|---|---|
| 2014-01-13 | Close file on Leave | |
| 2014-01-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-01-10 | Judgment on leave sent to the parties | |
| 2014-01-09 |
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 of Quebec (Québec), Number 200-09-007222-109, 2013 QCCA 920, dated May 22, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-01-07 | Order on miscellaneous motion, (by the REGISTRAR) | |
| 2014-01-07 |
Decision on the miscellaneous motion, Reg, UPON A MOTION by the applicants pursuant to Rule 32(2) of the Rules of the Supreme Court for permission to submit additional material in support of the application for leave to appeal, namely a decision of the Superior Court; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-01-07 | Submission of miscellaneous motion, Reg | |
| 2014-01-06 | Supplemental document, Superior court decision dated 2013-12-16 | Ghislain Hudon, personally and in his capacity as tutor to his minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon |
| 2014-01-06 | Reply to miscellaneous motion, Will not file a reply, Completed on: 2014-01-06 | Ghislain Hudon, personally and in his capacity as tutor to his minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon |
| 2014-01-06 | Response to miscellaneous motion, Completed on: 2014-01-06, (Electronic version filed on 2014-01-06) | Jean-Marie Lévesque |
| 2014-01-03 | Notice of miscellaneous motion, (Letter Form), Rule 32.2, Completed on: 2014-01-03, (Printed version filed on 2014-01-06) | Ghislain Hudon, personally and in his capacity as tutor to his minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon |
| 2013-12-23 | Correspondence received from, Jean-Sébastien D'Amours dated 2013-12-20. Re: Filing of a supplemental authority | Ghislain Hudon, personally and in his capacity as tutor to his minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon |
| 2013-11-25 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-09-12 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing. Proof received 2013-09-13., Completed on: 2013-09-12 | Jean-Marie Lévesque |
| 2013-08-20 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-08-19 | Application for leave to appeal, (Book Form), Three volumes. Amended pages : 121, 125 and 126. Translated version of the Judgment from the Court of Appeal received 2013-09-17., Completed on: 2013-08-19 | Ghislain Hudon, personally and in his capacity as tutor to his minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon |
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 |
|---|---|---|
| Ghislain Hudon, personally and in his capacity as tutor to his minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon | Applicant | Active |
| Sandra Bergeron, personally and in her capacity as tutor to her minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lévesque, Jean-Marie | Respondent | Active |
Counsel
Party: Ghislain Hudon, personally and in his capacity as tutor to his minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon
Counsel
1195 av de Lavigerie, bureau 2000
Ste-Foy, Quebec
G1V 4N3
Telephone: (418) 658-9966
FAX: (418) 658-6100
Email: mboulanger@tremblaybois.ca
Party: Sandra Bergeron, personally and in her capacity as tutor to her minor children, Raphaël Hudon, Jérémy Hudon and Gabriel Hudon
Counsel
1195 av de Lavigerie, bureau 2000
Ste-Foy, Quebec
G1V 4N3
Telephone: (418) 658-9966
FAX: (418) 658-6100
Email: mboulanger@tremblaybois.ca
Party: Lévesque, Jean-Marie
Counsel
David Emmanuel Roberge
1000, rue de la Gauchetière Ouest
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4200
FAX: (514) 875-6246
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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.
Civil liability – Medical malpractice – Causation – Whether respondent’s conduct on February 8, 1999 causally connected to consequences suffered by Mr. Hudon – Whether appropriate to formally adopt solution referred to in Snell v. Farrell, [1990] 2 S.C.R. 311, with regard to causation, namely reversing burden of proof so it rests on defendants and thus presuming causation.
The applicants, Mr. Hudon, his spouse and their three children, alleged that the respondent Dr. Lévesque had not made the proper diagnosis or done appropriate follow up for the septic arthritis of the knee from which Mr. Hudon suffered as a result of surgery performed by another physician in 1999. Mr. Hudon had severe ankylosis in his right knee and could no longer work as a day labourer who specialized in laying water pipes. The applicants’ medical malpractice suit against the respondent was allowed in part by the Superior Court, which found the respondent liable for 42% of the damages sustained by the applicants. The Court of Appeal set aside that decision.
Lower court rulings
Superior Court of Quebec
200-05-016496-023
See file.
Court of Appeal of Quebec (Québec)
200-09-007222-109, 2013 QCCA 920
See file.
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
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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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