Case information
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41277
Dmitri Rybakov v. Dr. Abid Saeed Khattak, 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) |
|---|---|---|
| 2024-10-25 | Close file on Leave | |
| 2024-10-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-10-10 | Judgment on leave sent to the parties | |
| 2024-10-10 |
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 CA48960, 2024 BCCA 96, dated March 5, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-10-10 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2024-09-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-09 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-06-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-06-19, (Printed version filed on 2024-06-19) | Dmitri Rybakov |
| 2024-06-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-06-18) | Dr. Abid Saeed Khattak |
| 2024-06-17 | Other memorandum of argument on application for leave, (Book Form), (Printed version due on 2024-06-24) | Dr. Abid Saeed Khattak |
| 2024-06-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-17, (Printed version filed on 2024-06-18) | Dr. Abid Saeed Khattak |
| 2024-05-21 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-05-21; | |
| 2024-05-15 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-05-15) | Dmitri Rybakov |
| 2024-05-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2024-09-06, (Printed version filed on 2024-05-15) | Dmitri Rybakov |
| 2024-05-15 |
Application for leave to appeal, (Book Form), Missing; -Filing fees;, Completed on: 2024-09-06, (Printed version filed on 2024-05-15) |
Dmitri Rybakov |
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 |
|---|---|---|
| Rybakov, Dmitri | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Dr. Abid Saeed Khattak | Respondent | Active |
| Dr. Emad Halim Zaghloul | Respondent | Active |
| Dr. Munir Muhammad Malik | Respondent | Active |
Counsel
Party: Rybakov, Dmitri
Counsel
800-1075 West Georgia St
Vancouver, British Columbia
V6E 3C9
Telephone: (778) 373-8202
FAX: (778) 373-4111
Email: dshane@preszlerlaw.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
Party: Dr. Abid Saeed Khattak
Counsel
Bruno Desparts
3200 Vancouver Centre
650 W. Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Party: Dr. Emad Halim Zaghloul
Counsel
Bruno Desparts
3200 Vancouver Centre
650 W. Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Party: Dr. Munir Muhammad Malik
Counsel
Bruno Desparts
3200 Vancouver Centre
650 W. Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Summary
Keywords
Tort — Medical malpractice — Standard of care — Evidence — Expert evidence — What evidence is required to find a standard of care is, itself, negligent — Under what circumstances can Canadian juries apply “common sense” reasoning in medical negligence matters?
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.
Mr. Rybakov was under the care of Dr. Khattak, a psychiatrist. Dr. Khattak was of the opinion that Mr. Rybakov would benefit from electroconvulsive treatment (“ECT”). When Mr. Rybakov agreed to proceed with ECT, 12 treatments were scheduled. In August 2016, six ECT treatments were administered — the respondent Dr. Zaghloul administered the first four, and the respondent Dr. Malik administered the fifth and sixth. The first three treatments involved the same electrical charge for the same duration; the fourth, fifth and sixth involved growing electrical charge for increasing durations. Brain seizures of varying lengths were achieved in five of the treatments, but, during the fourth treatment, no brain seizure occurred.
Over the course of proceedings, the multiple causes of action pleaded by Mr. Rybakov had been reduced to a single claim in negligence. He asked whether it was negligent for the doctors to fail to inform him that the electrical current could be increased without his knowledge during ECT, or to fail to tell him that the electrical current would be or had been increased, or that one ECT session had failed. Mr. Rybakov did not present expert evidence in support of his claim. At the close of Mr. Rybakov’s case, the respondents applied under Rule 12-5(4) of the Supreme Court Civil Rules, B.C. Reg. 168/2009, for an order dismissing the action on the ground that there was no evidence to support the claim.
The motion judge dismissed the claim as disclosing no evidence concerning the applicable standard of care. Mr. Rybakov’s appeal was dismissed.
Lower court rulings
Action dismissed under Rule 12-5(4) of the Supreme Court Civil Rules, B.C. Reg. 168/2009
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