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.
40023
Leslie J. O'Connor v. Peter St. Marthe
(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) |
|---|---|---|
| 2022-05-13 | Close file on Leave | |
| 2022-05-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-05-12 | Judgment on leave sent to the parties | |
| 2022-05-12 |
Judgment of the Court on the application for leave to appeal, The motion for leave to intervene filed by Kevin Doan is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66771, 2021 ONCA 790, dated November 8, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-05-12 |
Decision on motion for leave to intervene, See decision on application. Dismissed |
|
| 2022-03-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-28 | Submission of motion for leave to intervene, for consideration by the Court | |
| 2022-02-11 | Reply to the motion for leave to intervene., (Letter Form), Completed on: 2022-03-01, (Printed version filed on 2022-02-11) | Kevin Doan |
| 2022-02-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-03-01, (Printed version filed on 2022-03-14) | Leslie J. O'Connor |
| 2022-02-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-03-01, (Printed version filed on 2022-02-10) | Peter St. Marthe |
| 2022-02-04 |
Motion for leave to intervene, (Letter Form), MISSING: Filing Fee - rec'd on 2022-03-7, Completed on: 2022-03-25, (Printed version filed on 2022-02-04) |
Kevin Doan |
| 2022-02-01 | Certificate (on limitations to public access), (Printed version filed on 2022-02-02) | Peter St. Marthe |
| 2022-02-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-28, (Printed version filed on 2022-02-02) | Peter St. Marthe |
| 2022-01-07 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-01-07 |
|
| 2022-01-06 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-01-26) | Leslie J. O'Connor |
| 2022-01-06 |
Application for leave to appeal, (Book Form), Require: - Final CA Order (rec'd 2022-01-13) - Reasons for judgment 2019-07-15 (rec'd 2022-01-07) - Trial Court Order 2019-03-11(rec'd 2022-03-28), Completed on: 2022-03-28, (Printed version filed on 2022-01-26) |
Leslie J. O'Connor |
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 |
|---|---|---|
| O'Connor, Leslie J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| St. Marthe, Peter | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Doan, Kevin | Intervener | Pending |
Counsel
Party: O'Connor, Leslie J.
Counsel
Suite 1500
390 Bay Street
Toronto, Ontario
M5H 2Y2
Telephone: (416) 367-0202
FAX: (416) 367-1820
Email: arachlin@rachlinlaw.com
Agent
50 O'Connor
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8212
FAX: (613) 238-2098
Email: christopher.rootham@nelliganlaw.ca
Party: St. Marthe, Peter
Counsel
1 Hyperion Court
Kingston, Ontario
K7K 7G3
Telephone: (613) 384-5886
FAX: (613) 384-0501
Email: bergeron@bergeronclifford.com
Agent
151 Ferris Lane, Suite 200
Barrie, Ontario
L4M 6C1
Telephone: (705) 726-9021
FAX: (705) 726-2132
Email: jvigmond@oatleyvigmond.com
Party: Doan, Kevin
Counsel
400 Applewood Crescent Suite 100
Vaughan, Ontario
L4K 0C3
Telephone: (905) 482-2595
FAX: (905) 265-0476
Email: kevin@injurylawcentre.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Evidence — Expert evidence — Expert’s report — Whether the scope of cross-examination of an expert is constrained to only those matters addressed in his or her report?
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.
Following an accident involving a motor vehicle and a bicyclist, a trial commenced before a jury to determine damages. An orthopedic surgeon testified as a non-party expert witness. Based on questions raised during cross-examination of the surgeon, the trial judge discharged the jury and continued without a jury. Damages were awarded. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 1585, CV-15-00304-00
Damages awarded
Ontario Superior Court of Justice
2019 ONSC 4279, CV-15-00304-00
See file
Court of Appeal for Ontario
2021 ONCA 790, C66771
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 613‑996‑7933 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