Case information
Consult our database for details on a Supreme Court of Canada case.
38109
Georgiana Masgras v. St. Mary's General Hospital, 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) |
|---|---|---|
| 2018-10-10 | Close file on Leave | |
| 2018-10-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-10-05 | Judgment on leave sent to the parties | |
| 2018-10-04 |
Judgment of the Court on the application for leave to appeal, The motion to add Georgiana Masgras as a party is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C64204, 2018 ONCA 247, dated March 14, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2018-10-04 |
Decision on motion to add or substitute parties, See decision on application. Granted |
|
| 2018-08-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-08-13 | Submission of motion to add or substitute parties, for consideration by the Court | |
| 2018-07-30 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2018-07-30 | St. Mary's General Hospital |
| 2018-07-27 | Response to motion to add or substitute parties, Completed on: 2018-07-27 | Christopher Hinkewich |
| 2018-07-20 | Motion to add or substitute parties, (Letter Form), Completed on: 2018-07-20 | Georgiana Masgras |
| 2018-06-25 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-06-25 | Georgiana Masgras |
| 2018-06-18 | Certificate (on limitations to public access), (Letter Form) | St. Mary's General Hospital |
| 2018-06-18 | Notice of name, (Letter Form) | St. Mary's General Hospital |
| 2018-06-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-06-18 | St. Mary's General Hospital |
| 2018-06-14 | Certificate (on limitations to public access), (Letter Form) | Christopher Hinkewich |
| 2018-06-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-06-14 | Christopher Hinkewich |
| 2018-05-18 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018/05/18 | |
| 2018-05-14 | Certificate (on limitations to public access), (Letter Form) | Georgiana Masgras |
| 2018-05-14 | Application for leave to appeal, (Book Form), Completed on: 2018-05-14 | Georgiana Masgras |
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 |
|---|---|---|
| Masgras, Georgiana | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| St. Mary's General Hospital | Respondent | Active |
| Hinkewich, Christopher | Respondent | Active |
Counsel
Party: Masgras, Georgiana
Counsel
Thomas Slade
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: St. Mary's General Hospital
Counsel
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6216
FAX: (416) 361-7064
Party: Hinkewich, Christopher
Counsel
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7756
FAX: (416) 868-0673
Email: sbatner@mccarthy.ca
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Summary
Keywords
Law of Professions – Barristers and solicitors – Duty to act honourably – Civil Procedure – Costs – Lawyer appealing order of costs made against her personally in relation to an injunction she brought without instructions on behalf of an incapacitated client – What are lawyers’ duties and obligations to clients that become incapacitated and to what extent can authority to act in health-related matters be implied from a personal injury retainer – Where lawyers intervene on this basis, can they be found personally liable for costs on a substantial indemnity basis.
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.
The applicant was retained by F to bring claims for compensation for neck and back injuries he sustained in a motor vehicle accident. Half a year later F suffered cardiac arrest and was placed on life support. His condition deteriorated with no prospect of recovery. After consulting with physicians and family members, F’s wife decided to remove F from life support in accordance with her understanding of his wishes. Withdrawal from life support was coordinated with the gathering of extended family and preparation for organ donation. When the applicant became aware of F’s condition and could not persuade his wife otherwise, she successfully brought an ex parte application for an interim injunction restraining the hospital from withdrawing his life support. F deteriorated, potentially preventing organ donation. On a motion by the respondents, Marrocco J. set aside the interim injunction and dismissed the application. Arrell J. later ordered that the respondents’ costs of the applications be borne by the applicant personally on a substantial indemnity basis. F was removed from life support and passed away, and the organ donation was successful. The applicant filed a notice of appeal from the order of Marrocco J., seeking to set it aside. The Ontario Court of Appeal held that the appeal should be quashed or dismissed for being brought without instructions and moot. It dismissed an appeal of the costs award by Arrell J.
Lower court rulings
Ontario Superior Court of Justice
688/17, 2017 ONSC 4243
Order setting aside previous order prohibiting withdrawal of patient’s life support
Ontario Superior Court of Justice
688/17, 2017 ONSC 6631
Order that applicant personally pay the costs of the respondents on a substantial indemnity basis totalling $15,000
Court of Appeal for Ontario
C64204
See file
Court of Appeal for Ontario
C64204, 2018 ONCA 247
Appeals of July 10, 2017 and November 28, 2017 Orders dismissed, Order that applicant personally pay costs on a substantial indemnity basis
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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