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.
39927
Elaine Elizabeth Warlow v. Ali Sadeghi, et al.
(British Columbia) (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) |
|---|---|---|
| 2022-04-27 | Close file on Leave | |
| 2022-04-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-14 | Judgment on leave sent to the parties | |
| 2022-04-14 |
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 British Columbia (Vancouver), Number CA46057, 2021 BCCA 46, dated February 3, 2021 is dismissed with costs. Dismissed, with costs |
|
| 2022-04-14 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2022-03-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-01-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-21, (Printed version filed on 2022-02-01) | Ali Sadeghi |
| 2022-01-24 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-02-01) | Ali Sadeghi |
| 2022-01-24 | Notice of name, (Letter Form), (Printed version filed on 2022-02-01) | Dr. Ali Sadeghi Inc. |
| 2021-12-14 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-12-14 | |
| 2021-11-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-11-02) | Elaine Elizabeth Warlow |
| 2021-11-02 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2021-12-14, (Printed version filed on 2021-11-02) | Elaine Elizabeth Warlow |
| 2021-11-02 | Application for leave to appeal, (Book Form), Completed on: 2021-12-14, (Printed version filed on 2021-11-02) | Elaine Elizabeth Warlow |
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 |
|---|---|---|
| Warlow, Elaine Elizabeth | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sadeghi, Ali | Respondent | Active |
| Dr. Ali Sadeghi Inc. | Respondent | Active |
Counsel
Party: Warlow, Elaine Elizabeth
Counsel
800 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (778) 373-8209
FAX: (778) 373-4111
Email: dshane@preszlerlaw.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Sadeghi, Ali
Counsel
Shauna R. Gersbach
1075 Georgia St. W.
Suite 2100
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: thinkson@guildyule.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Dr. Ali Sadeghi Inc.
Counsel
Shauna R. Gersbach
1075 Georgia St. W.
Suite 2100
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: thinkson@guildyule.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Torts — Negligence — Breach of duty of informed consent — Civil procedure — Costs —Applicant suffering permanent, debilitating nerve pain following wisdom tooth extraction —Whether a plaintiff in a medical negligence action who establishes a breach of the duty of informed consent, should also have to prove that a theoretical reasonable person in their circumstances would not have proceeded with the procedure — Whether the onus of proof should then turn to the defendant to establish that the plaintiff would not have proceeded with the procedure — Whether the defendant should bear the onus of proving that a reasonable person in the plaintiff's circumstances would have proceeded with the procedure — Where a plaintiff in a medical negligence action establishes a breach of the duty of providing informed consent, should this exonerate the plaintiff from having to pay the defendant's costs?
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 suffered permanent nerve damage from a wisdom tooth extraction. She sued the surgeon who operated on her for having failed to adequately inform her of the risk of potentially permanent nerve pain. Her claim was dismissed. This decision was upheld on appeal.
Lower court rulings
Supreme Court of British Columbia
2019 BCSC 463, S126901
Applicant’s action in negligence dismissed.
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 46, CA46057
Applicant’s appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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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