Case information
Consult our database for details on a Supreme Court of Canada case.
40279
Karunbir Parhar v. Brennan James Weaver
(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) |
|---|---|---|
| 2023-10-05 | Close file on Leave | |
| 2023-10-05 | Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation | |
| 2023-10-03 | Certificate of taxation issued to, Jason Newton | |
| 2023-10-03 | Decision on the bill of costs, in the amount of $1,147.43, Reg | |
| 2023-10-03 | Submission of the bill of costs, Reg | |
| 2023-08-15 | Bill of costs, (Letter Form), Completed on: 2023-09-19, (Printed version due on 2023-08-22) | Brennan James Weaver |
| 2023-02-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-16 | Judgment on leave sent to the parties | |
| 2023-02-16 |
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 CA47251, 2022 BCCA 134, dated April 1, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-16 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-01-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-16 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-09-01 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-09-09, (Printed version due on 2022-09-09) | Karunbir Parhar |
| 2022-08-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-09-06) | Brennan James Weaver |
| 2022-08-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-09, (Printed version filed on 2022-08-31) | Brennan James Weaver |
| 2022-07-11 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-07-11 | |
| 2022-07-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Electronic version filed on 2022-07-07) | Karunbir Parhar |
| 2022-07-07 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2022-07-11, (Printed version filed on 2022-07-07) | Karunbir Parhar |
| 2022-07-07 |
Application for leave to appeal, (Book Form), Require: CA Order, Completed on: 2023-01-17, (Printed version filed on 2022-07-07) |
Karunbir Parhar |
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 |
|---|---|---|
| Parhar, Karunbir | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Weaver, Brennan James | Respondent | Active |
Counsel
Party: Parhar, Karunbir
Counsel
800 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (778) 373-8202
FAX: (778) 373-4111
Email: dshane@preszlerlaw.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Weaver, Brennan James
Counsel
2100 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: akask@guildyule.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Torts — Negligence — Contracts — Failure to obtain informed consent — Breach — Whether failure to warn of a material risk of a medical procedure constitutes a breach of contract entitling a plaintiff to contractual remedies outside of tort remedies, including judgment against the defendant medical professional and nominal damages? — In the current case, was failure to disclose the risk of nerve symptoms a material risk that needed to be disclosed?
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, Karunbir Parhar, brought an action in negligence, on the basis of failure to obtain informed consent, against the respondent dentist, Brennan James Weaver, in which he claimed the respondent dentist failed to disclose the material risk of chronic nerve pain associated with a root canal procedure. He also claimed this was a breach of contract. The trial judge in the Supreme Court of British Columbia dismissed the action in its entirety. The Court of Appeal unanimously dismissed the applicant’s appeal.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 123, S177047
Action dismissed in entirety
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 134, CA47251
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