Case information
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41485
Alan Campbell v. Syed Jawadul Hasan, 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) |
|---|---|---|
| 2025-05-16 | Close file on Leave | |
| 2025-05-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-15 | Judgment on leave sent to the parties | |
| 2025-05-15 |
Judgment of the Court on the application for leave to appeal, The motion by the respondents to expedite the application for leave to appeal is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C70952, 2024 ONCA 586, dated July 25, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-05-15 |
Decision on motion to expedite the application for leave to appeal, See judgment on application Dismissed |
|
| 2025-02-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-03 | Submission of motion to expedite the application for leave to appeal, for consideration by the Court | |
| 2024-10-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-10-22, (Printed version filed on 2024-10-25) | Alan Campbell |
| 2024-10-17 | Motion to expedite the application for leave to appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2024-10-17 | Syed Jawadul Hasan |
| 2024-10-17 | Certificate (on limitations to public access), 23A | Syed Jawadul Hasan |
| 2024-10-17 | Respondent's response on the application for leave to appeal, (Book Form), Includes video, Completed on: 2024-10-17 | Syed Jawadul Hasan |
| 2024-10-04 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-10-01 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-02) | Alan Campbell |
| 2024-10-01 | Application for leave to appeal, (Book Form), Amended cover pages received 10-02-2024 , Completed on: 2024-10-01, (Printed version filed on 2024-10-02) | Alan Campbell |
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 |
|---|---|---|
| Campbell, Alan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hasan, Syed Jawadul | Respondent | Active |
| Zehra, Syeda Kisa | Respondent | Active |
| Jaffary, Syed Zain | Respondent | Active |
| Zehra, Syeda Aruba | Respondent | Active |
Counsel
Party: Campbell, Alan
Counsel
Jennifer Hunter
Nadia Marotta
225 King Street West
Suite 1600
Toronto, Ontario
M5V 3M2
Telephone: (416) 601-2648
FAX: (416) 867-2451
Email: szacharias@lerners.ca
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Party: Hasan, Syed Jawadul
Counsel
Daniela Pacheco
Nicholas Sampson
120 Bay Street
Suite 700
Toronto, Ontario
M5R 2A5
Telephone: (416) 920-4242 Ext: 2240
Email: duncan@neinstein.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: Zehra, Syeda Kisa
Counsel
Daniela Pacheco
Nicholas Sampson
120 Bay Street
Suite 700
Toronto, Ontario
M5R 2A5
Telephone: (416) 920-4242 Ext: 2240
Email: duncan@neinstein.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: Jaffary, Syed Zain
Counsel
Daniela Pacheco
Nicholas Sampson
120 Bay Street
Suite 700
Toronto, Ontario
M5R 2A5
Telephone: (416) 920-4242 Ext: 2240
Email: duncan@neinstein.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: Zehra, Syeda Aruba
Counsel
Daniela Pacheco
Nicholas Sampson
120 Bay Street
Suite 700
Toronto, Ontario
M5R 2A5
Telephone: (416) 920-4242 Ext: 2240
Email: duncan@neinstein.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 — Professional liability — Medical negligence — Negligent omission — Causation — How should the “but for” test, including the “robust and pragmatic approach”, be applied in cases involving a negligent omission?
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 respondent Mr. Hasan was a stroke victim. The respondents began a negligence action against the applicant, Dr. Campbell, alleging that the applicant’s care fell below the standard of care for an emergency physician and that as a result of that breach, the applicant caused Mr. Hasan to suffer devastating long-term disabilities.
The trial judge in the Ontario Superior Court of Justice granted judgment in favour of the respondents and ordered the applicant to pay damages. The judge found the applicant negligent in treating Mr. Hasan. She found that but for the applicant’s breach of the standard of care, Mr. Hasan would have been assessed and received treatment in a timely manner, which in turn would have resulted in a successful treatment and recovery.
The applicant appealed, arguing that the trial judge erred in finding liability on the basis that his negligence caused Mr. Hasan’s injuries. The Court of Appeal unanimously dismissed the appeal.
Lower court rulings
Judgment granted against applicant in favour of respondents;
Applicant ordered to pay damages
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