Case information
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40743
Nathalie Xian Yi Yan v. Edward Lawrence Marrocco, 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) |
|---|---|---|
| 2023-10-16 | Close file on Leave | |
| 2023-10-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-10-12 |
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, Numbers C70120, C70018 and C70059, 2023 ONCA 97, dated February 10, 2023 is dismissed. Dismissed |
|
| 2023-08-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-06-15 | Correspondence received from, (Letter Form), Counsel for the respondent confirms they do not intend to file a response and will rely upon the contents of Ms. Hnatiw’s letter. | Edward Lawrence Marrocco |
| 2023-06-06 | Certificate (on limitations to public access), Form 23A | Greg Hutchinson |
| 2023-06-05 | Certificate (on limitations to public access), (Printed version filed on 2023-06-08) | Rebecca Catherine Durcan |
| 2023-05-26 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: - 23A (rec'd 2023-06-05), Completed on: 2023-06-05, (Printed version filed on 2023-06-08) |
Rebecca Catherine Durcan |
| 2023-05-24 | Certificate (on limitations to public access), Public Access to information | Nathalie Xian Yi Yan |
| 2023-05-23 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED: 2023-05-23 | |
| 2023-04-11 |
Application for leave to appeal, (Book Form), Missing: - CA Order - Public access to information form (rec'd 2023-05-24), Completed on: 2023-08-29 |
Nathalie Xian Yi Yan |
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 |
|---|---|---|
| Yan, Nathalie Xian Yi | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Marrocco, Edward Lawrence | Respondent | Active |
| Durcan, Rebecca Catherine | Respondent | Active |
| McKechney, Robin Kenneth | Respondent | Active |
| Hutchinson, Greg | Respondent | Active |
| Richler, Erica | Respondent | Active |
| Pearlston, Maya | Respondent | Active |
| Yee, Shanna Christine | Respondent | Active |
Counsel
Party: Yan, Nathalie Xian Yi
This party is not represented by counsel.
Party: Marrocco, Edward Lawrence
Counsel
2525 Old Bronte Rd
Suite 545, P.O. Box 10
Oakville, Ontario
L6M 4J2
Telephone: (437) 333-0015
Email: ian@alaw.ca
Party: Durcan, Rebecca Catherine
Counsel
Gillian Hnatiw & Co.
120 Adelaide Street West, Suite 2105
Ontario
M5H 1T1
Telephone: (416) 825-5659
Email: gillian@gillianandco.ca
Party: McKechney, Robin Kenneth
Counsel
Gillian Hnatiw & Co.
120 Adelaide Street West, Suite 2105
Ontario
M5H 1T1
Telephone: (416) 825-5659
Email: gillian@gillianandco.ca
Party: Hutchinson, Greg
Counsel
3200-130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 594-4698
Email: aledrew@sblegal.ca
Party: Richler, Erica
Counsel
Gillian Hnatiw & Co.
120 Adelaide Street West, Suite 2105
Ontario
M5H 1T1
Telephone: (416) 825-5659
Email: gillian@gillianandco.ca
Party: Pearlston, Maya
Counsel
Gillian Hnatiw & Co.
120 Adelaide Street West, Suite 2105
Ontario
M5H 1T1
Telephone: (416) 825-5659
Email: gillian@gillianandco.ca
Party: Yee, Shanna Christine
Counsel
3200-130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 594-4698
Email: aledrew@sblegal.ca
Summary
Keywords
Civil Procedure — Pleadings — Respondents’ motions to strike the applicant’s claims granted — Whether the motions judge erred in finding that the applicant’s actions against the respondents disclosed no cause of action — Whether the applicant’s claims disclose a reasonable cause of action for defamation, professional negligence, misrepresentation, tampering with evidence, public malfeasance, and breach of due process — Whether the Court of Appeal erred in law in dismissing the applicant’s appeals?
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 is a practitioner of traditional Chinese medicine licensed by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario. The College’s Discipline Committee found the applicant guilty of professional misconduct. The applicant commenced a number of actions against the respondents. The respondents successfully brought motions to strike the applicant’s actions against them. The Court of Appeal dismissed the applicant’s appeals.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 6791, 20-74586
Respondent Marrocco’s motion to strike the applicant’s claim granted with fixed costs
Ontario Superior Court of Justice
2021 ONSC 6957, 20-74588, CV-74577
Respondents Yee and Hutchinson’s motions to strike the applicant’s claims granted with fixed costs
Ontario Superior Court of Justice
2021 ONSC 6953, CV-20-73918, 20-74587, CV-20-73920, CV-20-73962
See judgment on the application
Court of Appeal for Ontario
2023 ONCA 97, C70120; C70018; C70059
Appeal dismissed with costs
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