Case information
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41318
Rebecca Adsett v. Alain Labelle
(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) |
|---|---|---|
| 2025-06-25 | Close file on Leave | |
| 2025-06-25 | Correspondence (sent by the Court) to, All parties - Re: Nothing Further letter | |
| 2025-02-06 | Correspondence (sent by the Court) to, Rebecca Adsett | |
| 2025-02-06 | Reconsideration not accepted for filing | |
| 2024-12-30 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2024-10-28 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2024-11-05, (Printed version filed on 2024-10-31) | Rebecca Adsett |
| 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 application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-0624, 2024 ONCA 366, dated May 8, 2024, is dismissed. Dismissed |
|
| 2024-08-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-26 | Supplemental document, Document titles Affidavit, (Printed version filed on 2024-07-30) | Rebecca Adsett |
| 2024-07-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-07-25) | Alain Labelle |
| 2024-07-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-07-25, (Printed version filed on 2024-07-25) | Alain Labelle |
| 2024-07-18 | Supplemental document, (Letter Form), Copies of documents from lower courts., (Printed version filed on 2024-07-18) | Rebecca Adsett |
| 2024-07-15 | Lower court order - e-filing, (Letter Form), CA Order, (Printed version filed on 2024-07-16) | Rebecca Adsett |
| 2024-07-15 | Supplemental document, (Letter Form), (Printed version filed on 2024-07-16) | Rebecca Adsett |
| 2024-07-02 | Supplemental document, (Letter Form), (Printed version filed on 2024-07-03) | Rebecca Adsett |
| 2024-06-17 | Lower court order - e-filing, (Letter Form), Trial court order | Rebecca Adsett |
| 2024-06-17 | Supplemental document, (Letter Form), (Printed version filed on 2024-06-19) | Rebecca Adsett |
| 2024-06-10 | Correspondence received from, (Letter Form), CA Form Order, (Printed version due on 2024-06-17) | Rebecca Adsett |
| 2024-06-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-06-03 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-06-04) | Rebecca Adsett |
| 2024-06-03 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd June 17, 2024) - Amended notice of application (Rec'd Aug 8, 2024) - CA Order (Rec'd July 15, 2024) - Trial Court Order (Rec'd June 17, 2024), Completed on: 2024-08-09, (Printed version filed on 2024-06-04) |
Rebecca Adsett |
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 |
|---|---|---|
| Adsett, Rebecca | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Labelle, Alain | Respondent | Active |
Counsel
Party: Adsett, Rebecca
This party is not represented by counsel.
Party: Labelle, Alain
Counsel
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3507
Email: hchung@blg.com
Summary
Keywords
Health law — Consent to care — Appeals — Mootness — Whether the lower courts erred?
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 was found incapable of consenting to or refusing treatment and that finding was upheld by the Consent and Capacity Board. Justice Morgan relied on the fresh evidence which established that the applicant had regained her capacity to consent to the proposed treatment, had been discharged from hospital, and that she continued to consent to the proposed treatment. The applicant’s appeal to the Superior Court of Justice was dismissed on the basis that it was moot. The appeal to the Court of Appeal was dismissed.
Lower court rulings
Applicant’s appeal of Consent and Capacity Board’s decision dismissed
Applicant’s 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