Case information
Consult our database for details on a Supreme Court of Canada case.
38932
Antonio Cerqueira by his estate trustee, et al. v. Her Majesty the Queen in Right of Ontario, 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) |
|---|---|---|
| 2022-12-06 | Close file on Leave | |
| 2022-12-06 | Correspondence (sent by the Court) to, the parties. Letter from the Registrar. | |
| 2022-08-15 | Correspondence received from, (Letter Form), the applicants, RE: Supplementary Affidavit in response to the decision on the motion for reconsideration. | Antonio Cerqueira by his estate trustee |
| 2022-02-23 | Correspondence received from, (Letter Form), the applicants, RE: Decision on the motion for reconsideration., (Printed version due on 2022-03-02) | Antonio Cerqueira by his estate trustee |
| 2022-02-07 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2022-01-20 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2021-01-07 |
Supplemental document, (Letter Form), Endorsement from the Superior Court of Justice dated September 10, 2015 - Amended , (Printed version due on 2021-01-14) |
Antonio Cerqueira by his estate trustee |
| 2021-01-07 |
Supplemental document, (Book Form), Endorsement from the Superior Court of Justice dated September 10, 2015 , (Printed version due on 2021-01-14) |
Antonio Cerqueira by his estate trustee |
| 2021-01-07 |
Supplemental document, (Book Form), Superior Court of Justice transcript dated November 9, 2015 , (Printed version due on 2021-01-14) |
Antonio Cerqueira by his estate trustee |
| 2021-01-07 |
Supplemental document, (Book Form), Superior Court of Justice transcript dated January 9, 2014 , (Printed version due on 2021-01-14) |
Antonio Cerqueira by his estate trustee |
| 2021-01-07 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2022-01-20, (Printed version due on 2021-01-14) | Antonio Cerqueira by his estate trustee |
| 2020-04-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-24 | Judgment on leave sent to the parties | |
| 2020-04-23 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M49989, dated May 21, 2019, is dismissed without costs. Dismissed, without costs |
|
| 2020-04-23 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2020-03-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-03-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-01-29 | Supplemental document, (Letter Form), Superior Court decision | Antonio Cerqueira by his estate trustee |
| 2020-01-29 | Supplemental document, (Letter Form), Master Haberman's Endorsement | Antonio Cerqueira by his estate trustee |
| 2020-01-29 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2020-01-29 | Antonio Cerqueira by his estate trustee |
| 2020-01-20 | Certificate (on limitations to public access), (Letter Form), 23A | Rodrigo Brando Cavalcanti |
| 2020-01-20 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2020-01-20 | Rodrigo Brando Cavalcanti |
| 2020-01-03 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the application, Completed on: 2020-01-03 | Her Majesty the Queen in Right of Ontario |
| 2019-12-11 | Correspondence received from, (Letter Form) | Antonio Cerqueira by his estate trustee |
| 2019-12-09 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2019-12-09 | |
| 2019-11-20 | Correspondence received from, (Letter Form) | Antonio Cerqueira by his estate trustee |
| 2019-10-09 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the application, Completed on: 2019-10-09 | Canadian Back Institute (GP) Inc. |
| 2019-10-07 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the application, Completed on: 2019-10-07 | Extendicare (Canada) Inc. |
| 2019-10-03 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the application, Completed on: 2019-10-03 | VHA Home Healthcare |
| 2019-09-30 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the application, Completed on: 2019-09-30 | Revera Inc. |
| 2019-09-27 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the application, Completed on: 2019-09-27 | Toronto Central Community Care Access Centre |
| 2019-09-17 | Letter acknowledging receipt of an application for leave to appeal | |
| 2019-08-30 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Amended motion rec'd 2020-01-10, Completed on: 2019-08-30 | Antonio Cerqueira by his estate trustee |
| 2019-08-30 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Antonio Cerqueira by his estate trustee |
| 2019-08-30 | Application for leave to appeal, (Book Form), Completed on: 2019-08-30 | Antonio Cerqueira by his estate trustee |
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 |
|---|---|---|
| Antonio Cerqueira by his estate trustee | Applicant | Active |
| Cerqueira, Delfina | Applicant | Active |
| Cerqueira, Helen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Ontario | Respondent | Active |
| Toronto Central Community Care Access Centre | Respondent | Active |
| Bridgepoint Health | Respondent | Active |
| Cota Health | Respondent | Active |
| Canadian Back Institute (GP) Inc. | Respondent | Active |
| VHA Home Healthcare | Respondent | Active |
| Extendicare (Canada) Inc. | Respondent | Active |
| K. & S. Temporary Medical Services Inc. | Respondent | Active |
| Circle of Home Care Services (Toronto) | Respondent | Active |
| Revera Inc. | Respondent | Active |
| University Health Network | Respondent | Active |
| Rodrigo Brando Cavalcanti | Respondent | Active |
| Bohdan Julius Laluck Junior | Respondent | Active |
| Dimitry Rozenberg | Respondent | Active |
| Courtney Ann Thompson | Respondent | Active |
| Marisa Sit | Respondent | Active |
| Sheila Brazel | Respondent | Active |
Counsel
Party: Antonio Cerqueira by his estate trustee
This party is not represented by counsel.
Party: Cerqueira, Delfina
This party is not represented by counsel.
Party: Cerqueira, Helen
This party is not represented by counsel.
Party: Her Majesty the Queen in Right of Ontario
Counsel
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 246-7071
FAX: (416) 326-4181
Email: colin.bourrier@ontario.ca
Party: Toronto Central Community Care Access Centre
Counsel
Bay Adelaide Center, East Tower
22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6516
FAX: (416) 367-6749
Email: dgirlando@blg.com
Party: Bridgepoint Health
Counsel
Bay Adelaide Center, East Tower
22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6516
FAX: (416) 367-6749
Email: dgirlando@blg.com
Party: Cota Health
Counsel
Bay Adelaide Center, East Tower
22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6516
FAX: (416) 367-6749
Email: dgirlando@blg.com
Party: Canadian Back Institute (GP) Inc.
Counsel
150 York St., Suite 700
Toronto, Ontario
M5H 3S5
Telephone: (416) 864-3301
FAX: (416) 862-2793
Email: cjenkins@smockumzarnett.com
Party: VHA Home Healthcare
Counsel
40 King Street West, Suite 5800
P.O. Box 1101
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8632
FAX: (416) 595-8695
Email: jpei@millerthomson.com
Party: Extendicare (Canada) Inc.
Counsel
2600 - 401 Bay Street
Suite 2600
Toronto, Ontario
M5H 2Y4
Telephone: (416) 703-8700
FAX: (416) 703-8499
Email: lmatthews@matthewsabogado.com
Party: K. & S. Temporary Medical Services Inc.
Counsel
2600 - 401 Bay Street
Suite 2600
Toronto, Ontario
M5H 2Y4
Telephone: (416) 703-8700
FAX: (416) 703-8499
Email: lmatthews@matthewsabogado.com
Party: Circle of Home Care Services (Toronto)
Counsel
Bay Adelaide Center, East Tower
22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6516
FAX: (416) 367-6749
Email: dgirlando@blg.com
Party: Revera Inc.
Counsel
130 Adelaide Street West, Suite 1800
Toronto, Ontario
M5H 3P5
Telephone: (416) 594-4696
FAX: (416) 366-1466
Email: skatirai@sblegal.ca
Party: University Health Network
Counsel
Bay Adelaide Center, East Tower
22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6516
FAX: (416) 367-6749
Email: dgirlando@blg.com
Party: Rodrigo Brando Cavalcanti
Counsel
130 Adelaide Street West, Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3058
FAX: (416) 865-2859
Email: awheeler@litigate.com
Party: Bohdan Julius Laluck Junior
Counsel
130 Adelaide Street West, Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3058
FAX: (416) 865-2859
Email: awheeler@litigate.com
Party: Dimitry Rozenberg
Counsel
130 Adelaide Street West, Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3058
FAX: (416) 865-2859
Email: awheeler@litigate.com
Party: Courtney Ann Thompson
Counsel
130 Adelaide Street West, Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3058
FAX: (416) 865-2859
Email: awheeler@litigate.com
Party: Marisa Sit
Counsel
130 Adelaide Street West, Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3058
FAX: (416) 865-2859
Email: awheeler@litigate.com
Party: Sheila Brazel
Counsel
130 Adelaide Street West, Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3058
FAX: (416) 865-2859
Email: awheeler@litigate.com
Summary
Keywords
Charter of Rights — Right to equality — Health law — Consent to care — Public health — Applicants’ action against most of respondents dismissed as abuse of process and res judicata, without leave to amend — Applicants’ claims against remaining respondents struck with leave to amend —Whether Charter rights are a capable person’s supreme rights regarding health services? — Are court decisions that err in striking Charter claims without extensive analysis of merits of Charter claims inconsistent with the provisions of Constitution, to the extent of the inconsistency, of no force or effect?
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.
Mr. Antonio Cerqueira died in hospital in 2009. The applicants brought actions against the respondents due to their concern about the quality of care Mr. Cerqueira received from the health care system both in their home and in the hospital prior to his death. Their action also concerned the lack of informed consent to a cataract operation performed on the elder Ms. Cerqueira. The respondents brought a motion to strike the action. The motion judge struck the action against the first fifteen respondents without leave to amend on the basis of res judicata. The other claims were struck with leave to amend. The applicants’ motion for an extension of time in which to file their Notice of Appeal was dismissed. The applicants’ motion for leave to appeal that decision was dismissed by the Court of Appeal.
Lower court rulings
Ontario Superior Court of Justice
764/18, CV-17-584395
Applicants’ motion to extend time to file Notice of Appeal dismissed
Court of Appeal for Ontario
M49989
Applicants’ motion for leave to appeal 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 613-996-8666 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