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.
37494
Melanie Ann Dale, et al. v. Cathy Sheila Frank, 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) |
|---|---|---|
| 2018-03-21 | Close file on Leave | |
| 2018-03-21 | Correspondence (sent by the Court) to, parties, Re: certificate of taxation | |
| 2018-03-20 | Certificate of taxation issued to, Carolyn Brandow | |
| 2018-03-20 | Decision on the bill of costs, in the amount of $1,415.80, Reg | |
| 2018-03-20 | Submission of the bill of costs, Reg | |
| 2017-12-08 | Bill of costs, (Letter Form), Completed on: 2017-12-08 | Cathy Sheila Frank and John Alexander McKenzie |
| 2017-10-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-10-13 | Judgment on leave sent to the parties | |
| 2017-10-12 |
Judgment of the Court on the application for leave to appeal, The motion to file a single application for leave to appeal is granted. The application for leave to appeal from the judgments of the Court of Appeal for Ontario, Numbers C62265, C62266, C62267, C62268 and C62269, 2017 ONCA 32, dated January 17, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-10-12 |
Decision on the miscellaneous motion Granted |
|
| 2017-07-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-07-17 | Submission of miscellaneous motion, for consideration by the Court | |
| 2017-04-28 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-04-28 | Melanie Ann Dale |
| 2017-04-27 | Supplemental document, (Letter Form), Supplemental Authority; Presidential MSH Corporation v. Marr, Foster & Co. LLP, et al. | Cathy Sheila Frank |
| 2017-04-21 | Certificate (on limitations to public access), (Letter Form) | Cathy Sheila Frank |
| 2017-04-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-04-21 | Cathy Sheila Frank |
| 2017-03-23 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/03/23 | |
| 2017-03-21 | Certificate (on limitations to public access), (Letter Form) | Melanie Ann Dale |
| 2017-03-20 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion to join, Completed on: 2017-03-20 | Melanie Ann Dale |
| 2017-03-20 | Application for leave to appeal, (Book Form), Completed on: 2017-03-20 | Melanie Ann Dale |
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 |
|---|---|---|
| Dale, Melanie Ann | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Frank, Cathy Sheila | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Gladkowski, Rachel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cathy Sheila Frank and John Alexander McKenzie | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Lesak, Diane | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cathy Sheila Frank and John Alexander McKenzie | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Pettit, Patricia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cathy Sheila Frank and John Alexander McKenzie | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Poff, Lidija | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Frank, Cathy Sheila | Respondent | Active |
Counsel
Party: Dale, Melanie Ann
Counsel
Barbara Legate
Danielle Douek
150 Dufferin Street
Suite 302
London, Ontario
N6A 5N6
Telephone: (519) 672-1953
FAX: (519) 672-6689
Email: jdobson@legate.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Gladkowski, Rachel
Counsel
Barbara Legate
Danielle Douek
150 Dufferin Street
Suite 302
London, Ontario
N6A 5N6
Telephone: (519) 672-1953
FAX: (519) 672-6689
Email: jdobson@legate.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Lesak, Diane
Counsel
Barbara Legate
Danielle Douek
150 Dufferin Street
Suite 302
London, Ontario
N6A 5N6
Telephone: (519) 672-1953
FAX: (519) 672-6689
Email: jdobson@legate.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Pettit, Patricia
Counsel
Barbara Legate
Danielle Douek
150 Dufferin Street
Suite 302
London, Ontario
N6A 5N6
Telephone: (519) 672-1953
FAX: (519) 672-6689
Email: jdobson@legate.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Poff, Lidija
Counsel
Barbara Legate
Danielle Douek
150 Dufferin Street
Suite 302
London, Ontario
N6A 5N6
Telephone: (519) 672-1953
FAX: (519) 672-6689
Email: jdobson@legate.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Frank, Cathy Sheila
Counsel
Jacob Damstra
Andrea Plumb
85 Dufferin Avenue
London, Ontario
N6A 4G4
Telephone: (519) 640-6356
FAX: (519) 932-3356
Email: cbrandow@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Cathy Sheila Frank and John Alexander McKenzie
Counsel
Jacob Damstra
Andrea Plumb
85 Dufferin Avenue
London, Ontario
N6A 4G4
Telephone: (519) 640-6356
FAX: (519) 932-3356
Email: cbrandow@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@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.
Limitation of actions — Discoverability — Summary judgment — Actions in negligence for medical malpractice — In order for a claim to be discovered, does a plaintiff need to have knowledge that an act or omission causing injury is wrongful? — Does knowledge of the facts for one type of claim (i.e. negligence) automatically result in the knowledge that a proceeding would be appropriate for another type of claim (i.e. breach of fiduciary duty)? — Limitation Act, 2002, S.O. 2002, c. 24, Sch. B, s. 5.
The respondent, Dr. Cathy Sheila Frank, is an obstetrician and gynecologist practising at St. Thomas Elgin General Hospital. Between 2005 and 2007, she performed surgical procedures on the applicants. The respondent, Dr. John Alexander McKenzie, was assisting Dr. Frank in the operating room in some of these procedures. After the procedures, each applicant experienced a range of unexpected symptoms which required either unplanned corrective surgery or prolonged hospitalization. In November 2011, the law firm representing the applicants issued a press release indicating that Dr. Frank and related respondents were being sued for medical negligence and that a complaint had been filed with the College of Physicians and Surgeons. Although the applicants were not involved in the lawsuits referred to in the press release, they became aware of their potential claims through the media coverage. Between September 2012 and August 2013, they commenced their own actions against the respondents for negligence and breach of fiduciary duty. Consequently, the respondents brought a motion for summary judgment against each action as a result of the expiration of the limitation period as prescribed in the Limitations Act, 2002, S.O. c. 24, Sch. B, Section 5.
Lower court rulings
Ontario Superior Court of Justice
7959/12, 2016 ONSC 3211, 8228-12, 8262/12, 1575/13, 8756/12, 8674/12, 8255/12
Summary judgments granted.
Actions and crossclaims dismissed.
Court of Appeal for Ontario
C62265, C62266, C62267, C62268, C62269, 2017 ONCA 32
Appeals 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
Not available
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
Not available