Case information
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40179
D. Samra, et al. v. Rhonda Hong-Ching Cheung, a minor by her Litigation Guardian, Yuen Ni Cheung-Kwan, 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) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-12-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-08 | Judgment on leave sent to the parties | |
| 2022-12-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69134, 2022 ONCA 195, dated March 9, 2022, is dismissed. Dismissed |
|
| 2022-10-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-07-04, (Printed version filed on 2022-06-20) | D. Samra |
| 2022-06-08 | Supplemental document, ONSC Order of Justice D.A. Wilson, dated 2018-06-05 | Rhonda Hong-Ching Cheung, a minor by her Litigation Guardian, Yuen Ni Cheung-Kwan |
| 2022-06-08 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-06-15) | Rhonda Hong-Ching Cheung, a minor by her Litigation Guardian, Yuen Ni Cheung-Kwan |
| 2022-06-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-14, (Printed version due on 2022-06-15) | Rhonda Hong-Ching Cheung, a minor by her Litigation Guardian, Yuen Ni Cheung-Kwan |
| 2022-06-07 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-06-07 | |
| 2022-05-09 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-05-16) | D. Samra |
| 2022-05-09 | Application for leave to appeal, (Book Form), received: paper copy of notice of application (rec'd 2022-05-16), Completed on: 2022-06-07, (Printed version filed on 2022-05-09) | D. Samra |
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 |
|---|---|---|
| D. Samra | Applicant | Active |
| J. Ma | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rhonda Hong-Ching Cheung, a minor by her Litigation Guardian, Yuen Ni Cheung-Kwan | Respondent | Active |
| Cheung, Ronald Chun-Pok | Respondent | Active |
| Cheung, Raymond S. H. | Respondent | Active |
| Yuen Ni Cheung-Kwan, personally | Respondent | Active |
Counsel
Party: D. Samra
Counsel
Dorothy E. Charach
Gabrielle Schachter
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8856
FAX: (416) 868-0673
Email: dcruz@mccarthy.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: J. Ma
Counsel
Dorothy E. Charach
Gabrielle Schachter
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8856
FAX: (416) 868-0673
Email: dcruz@mccarthy.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: Rhonda Hong-Ching Cheung, a minor by her Litigation Guardian, Yuen Ni Cheung-Kwan
Counsel
Hilik Y. Elmaleh
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 304-9293
FAX: (416) 304-9296
Email: gavin@mackenziebarristers.com
Agent
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Party: Cheung, Ronald Chun-Pok
Counsel
Hilik Y. Elmaleh
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 304-9293
FAX: (416) 304-9296
Email: gavin@mackenziebarristers.com
Agent
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Party: Cheung, Raymond S. H.
Counsel
Hilik Y. Elmaleh
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 304-9293
FAX: (416) 304-9296
Email: gavin@mackenziebarristers.com
Agent
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Party: Yuen Ni Cheung-Kwan, personally
Counsel
Hilik Y. Elmaleh
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 304-9293
FAX: (416) 304-9296
Email: gavin@mackenziebarristers.com
Agent
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Summary
Keywords
Torts — Professional liability — Medical negligence — Causation — Jury questions — How causation test should be expressed in jury questions —Whether juries in complex medical negligence cases should be asked to provide particulars for findings on causation — Whether, when there is evidence capable of supporting a jury’s verdict, a trial judge has discretion to refuse to accept that verdict due to a jury’s failure to adequately explain the particulars of causation.
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.
Rhonda Hong-Ching Cheung survived a very difficult birth. She had been diagnosed at the 35th week of pregnancy with intrauterine growth restriction, a condition that puts babies at risk of serious complications. She suffered a seizure at two and a half months old and serious disabilities became evident. A jury concluded that the applicant physicians failed to meet the standard of care required of doctors looking after pregnant patients and that this failure caused Rhonda’s disabilities. Although the trial judge concluded that there was evidence capable of supporting the jury’s conclusions, she refused to enter judgment in accordance with the verdict on the ground that the jury provided insufficient particulars of causation and failed to explain the physiological mechanism of the injury. The trial judge ordered that the action proceed to a new trial.
The Divisional Court upheld the trial judge’s decision. The Court of Appeal for Ontario allowed the appeal from that decision and granted judgment to the respondents.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 3480
Order that judgment shall not be entered in accordance with the jury verdict and that the matter proceed to a new trial.
Ontario Superior Court of Justice
2020 ONSC 4904, 772/18
Appeal and cross-appeal dismissed; dissent would have allowed the appeal and dismissed the cross-appeal.
Court of Appeal for Ontario
2022 ONCA 195, C69134
Appeal allowed.
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.
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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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