Case information
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35587
Bahram Soltani v. Lyne Desnoyers
(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) |
|---|---|---|
| 2014-06-24 | Judgment on leave sent to the parties | |
| 2014-06-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-17 | Close file on Leave | |
| 2014-02-13 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed with costs. In any event, had such motion been granted, the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-018719-088, 2010 QCCA 2257, dated December 8, 2010, would have been dismissed. Dismissed, with costs |
|
| 2013-12-23 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-12-23 | Submission of motion to extend time to file and/ or serve the leave application, LeB Ka Wa | |
| 2013-11-22 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), included in the Response, Completed on: 2013-11-22 | Lyne Desnoyers |
| 2013-11-22 | Respondent's response on the application for leave to appeal, (Book Form), 2 volumes, Completed on: 2013-11-22 | Lyne Desnoyers |
| 2013-10-23 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2013-10-22 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), included in the application, Completed on: 2013-10-22 | Bahram Soltani |
| 2013-10-22 | Application for leave to appeal, (Book Form), Motion to ext. time included, Completed on: 2013-10-22 | Bahram Soltani |
| 2013-10-22 | Correspondence (sent by the Court) to, Acknowledgement letter |
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 |
|---|---|---|
| Soltani, Bahram | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Desnoyers, Lyne | Respondent | Active |
Counsel
Party: Soltani, Bahram
This party is not represented by counsel.
Party: Desnoyers, Lyne
Counsel
Me Simon Chamberland
1000, rue de la Gauchetière Ouest
Bureau 2500
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4158
FAX: (514) 875-6246
Email: epoupart@mccarthy.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.
Delictual liability – Professional liability – Duty to inform – Free and informed consent –Allophone patient agreeing to ear surgery considered necessary then subsequently becoming deaf – Whether courts below erred in concluding that physician had adequately informed patient of risks of surgery.
In 1991, after coming to Canada from Iran, the applicant Mr. Soltani consulted the respondent Ms. Desnoyers, an otorhinolaryngologist, about an infected ear. Mr. Soltani was allophone and, during his meetings with Ms. Desnoyers, was accompanied by friends who translated what was said. Following a second consultation, Ms. Desnoyers recommended that Mr. Soltani undergo a mastoid tympanoplasty based on the results of a hearing test and a radiologist’s report. Mr. Soltani agreed and the surgery was performed by Ms. Desnoyers. Subsequently, an inner ear infection led Ms. Desnoyers to recommend another surgery, but Mr. Soltani did not show up at the hospital on the scheduled date because of a misunderstanding. Mr. Soltani failed to show up on two more occasions and then refused to have surgery again. In the end, after becoming totally deaf in the ear and suffering from tinnitus and vertigo, Mr. Soltani was operated on again unsuccessfully by another physician.
Mr. Soltani then brought an action against Ms. Desnoyers, alleging that she had been at fault in not adequately informing him of the risks associated with the operation. He argued that he would not have agreed to the surgery if he had been informed of the risks. He also argued that Ms. Desnoyers had committed faults during the post operative follow up. He claimed $2,303,622.55 as compensation for the injury. The Superior Court dismissed the action, finding that Ms. Desnoyers was not at fault. The Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2008 QCCS 1720, 500-05-004800-940
See file
Court of Appeal of Quebec (Montréal)
2010 QCCA 2257, 500-09-018719-088
See file
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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