Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41619
Cary Beazley v. Mary Johnston, 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) |
|---|---|---|
| 2025-07-28 | Close file on Leave | |
| 2025-07-28 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2025-07-17 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2025-07-02 | Affidavit, (Book Form), in support to the motion for reconsideration | Cary Beazley |
| 2025-07-02 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2025-07-17 | Cary Beazley |
| 2025-06-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-06-05 | Judgment on leave sent to the parties | |
| 2025-06-05 |
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 M55228 (COA-24-OM-0008), 2024 ONCA 813, dated November 6, 2024, is dismissed. Dismissed |
|
| 2025-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-02-04, (Printed version filed on 2025-02-03) | Cary Beazley |
| 2025-01-29 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-29) | Mary Johnston |
| 2025-01-29 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-02-03, (Printed version filed on 2025-01-29) | Mary Johnston |
| 2025-01-10 | Correspondence received from, (Letter Form), Take no position and does not intend to file a response to the application. , (Printed version filed on 2025-01-10) | Queensway Carleton Hospital |
| 2024-12-30 | Letter advising parties of a complete application for leave to appeal, FILE OPENED | |
| 2024-12-23 | Supplemental document, (Letter Form), Notice of constitutional questions, (Printed version filed on 2024-12-23) | Cary Beazley |
| 2024-12-23 | Supplemental document, (Letter Form), Conflict interest form, (Printed version filed on 2024-12-23) | Cary Beazley |
| 2024-12-23 | Notice of name, (Letter Form), (Printed version filed on 2024-12-23) | Cary Beazley |
| 2024-12-23 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-12-23) | Cary Beazley |
| 2024-12-23 | Application for leave to appeal, (Book Form), 16 VOLUMES, Completed on: 2024-12-23, (Printed version filed on 2024-12-23) | Cary Beazley |
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 |
|---|---|---|
| Beazley, Cary | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mary Johnston | Respondent | Active |
| James Gill, Pravin Shukle, Kalpesh Raichura, Robert Gauvreau, Mariko Hashimoto, Mark Trecarten, Baskar Gopalan, Natalie Keses, James Ward, Guy Hebert, Martin Green | Respondent | Active |
| Adam Nicholson, Adam Cohn, Donald Harris, Elizabeth Scott, Hyman Rabinovitch, Daniel Chukwu, Kari Sampsel, Getnet Asrat, Richard Moxon | Respondent | Active |
| Stephen Choi, Jacinda Wong, Robert Nichols, Sunil Varghese, David Davidson, Nina Ramic, Jane Doe, John Doe, | Respondent | Active |
| Queensway Carleton Hospital | Respondent | Active |
Counsel
Party: Beazley, Cary
This party is not represented by counsel.
Party: Mary Johnston
Counsel
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8832
FAX: (613) 786-3609
Email: andrew.mckenna@gowlingwlg.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0054
FAX: (613) 786-3492
Email: justin.mccarthy@gowlingwlg.com
Party: James Gill, Pravin Shukle, Kalpesh Raichura, Robert Gauvreau, Mariko Hashimoto, Mark Trecarten, Baskar Gopalan, Natalie Keses, James Ward, Guy Hebert, Martin Green
Counsel
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8832
FAX: (613) 786-3609
Email: andrew.mckenna@gowlingwlg.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0054
FAX: (613) 786-3492
Email: justin.mccarthy@gowlingwlg.com
Party: Adam Nicholson, Adam Cohn, Donald Harris, Elizabeth Scott, Hyman Rabinovitch, Daniel Chukwu, Kari Sampsel, Getnet Asrat, Richard Moxon
Counsel
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8832
FAX: (613) 786-3609
Email: andrew.mckenna@gowlingwlg.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0054
FAX: (613) 786-3492
Email: justin.mccarthy@gowlingwlg.com
Party: Stephen Choi, Jacinda Wong, Robert Nichols, Sunil Varghese, David Davidson, Nina Ramic, Jane Doe, John Doe,
Counsel
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8832
FAX: (613) 786-3609
Email: andrew.mckenna@gowlingwlg.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0054
FAX: (613) 786-3492
Email: justin.mccarthy@gowlingwlg.com
Party: Queensway Carleton Hospital
Counsel
World Exchange Plaza
100 Queen St - Suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4792
Email: KDullet@blg.com
Agent
100 Queen Street- Suite 1300
World Exchange Plaza
Ottawa, Ontario
k1P 1J9
Telephone: (613) 787-3582
Email: eroy@blg.com
Summary
Keywords
Civil procedure — Time to appeal — Extension of time — Court of Appeal dismissing motion by applicant for extension of time to file notice of appeal from summary judgment dismissing his medical malpractice action against respondents — Judge applying test for granting extension of time and considering applicant’s intention to appeal, delay, prejudice and merits, and dismissing motion — Court of Appeal dismissing review motion — Whether application raises issue of public importance.
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 commenced the underlying claim alleging the respondents failed to diagnose and treat him for Lyme disease. The Ontario Superior Court of Justice granted summary judgment and dismissed the claim. The applicant did not file an appeal within the required time, leading to his motion for an extension of time to file a notice of appeal from the summary judgment.
A judge of the Court of Appeal for Ontario dismissed the motion for an extension of time, concluding that the merits of the proposed appeal did not support granting an extension. A panel of the Court of Appeal for Ontario upheld that decision, dismissing the applicant’s review motion.
Lower court rulings
Summary judgment granted to respondents and Mr. Beazley’s action against respondents dismissed
Motion for an extension of time to file notice of appeal from summary judgment decision dismissed
Review motion 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