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.
41674
Regional Health Authority B, dba Horizon Health Network, et al. v. Jayde Scott, on behalf of herself and other class members, et al.
(New Brunswick) (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) |
|---|---|---|
| 2025-08-12 | Close file on Leave | |
| 2025-08-12 | Discontinuance of the bill of costs, The parties have reached an agreement as to costs and therefore no longer requires taxation of the bill of costs. | Jayde Scott, on behalf of herself and other class members |
| 2025-07-25 | Bill of costs, Completed on: 2025-07-30 | Jayde Scott, on behalf of herself and other class members |
| 2025-07-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-24 | Judgment on leave sent to the parties | |
| 2025-07-24 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 125-23-CA, 2024 NBCA 146, dated December 19, 2024, are dismissed with costs. Dismissed, with costs |
|
| 2025-06-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-03-31, (Printed version filed on 2025-03-31) | Nicole Ruest |
| 2025-03-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-03-31, (Printed version filed on 2025-04-01) | Regional Health Authority B, dba Horizon Health Network |
| 2025-03-19 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-03-20) | Jayde Scott, on behalf of herself and other class members |
| 2025-03-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-03-19, (Printed version filed on 2025-03-20) | Jayde Scott, on behalf of herself and other class members |
| 2025-02-17 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, Second Application | |
| 2025-02-17 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-02-18) | Nicole Ruest |
| 2025-02-17 |
Application for leave to appeal, (Book Form), SECOND APPLICATION , Completed on: 2025-02-17, (Printed version filed on 2025-02-18) |
Nicole Ruest |
| 2025-02-17 |
Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED First Application |
|
| 2025-02-14 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-02-18) | Regional Health Authority B, dba Horizon Health Network |
| 2025-02-14 | Notice of name, (Printed version filed on 2025-02-18) | Regional Health Authority B, dba Horizon Health Network |
| 2025-02-14 |
Application for leave to appeal, (Book Form), FIRST APPLICATION , Completed on: 2025-02-17, (Printed version filed on 2025-02-18) |
Regional Health Authority B, dba Horizon Health Network |
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 |
|---|---|---|
| Regional Health Authority B, dba Horizon Health Network | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Jayde Scott, on behalf of herself and other class members | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Ruest, Nicole | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Jayde Scott, on behalf of herself and other class members | Respondent | Active |
Counsel
Party: Regional Health Authority B, dba Horizon Health Network
Counsel
Andrea Pierce
77 Westmorland St.
Suite 300, TD Tower
Fredericton, New Brunswick
E3B 6Z3
Telephone: (506) 453-9647
Email: rburgoyne@coxandpalmer.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: Ruest, Nicole
Counsel
Bay Adelaide Centre, East Tower
3400-22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 700-6265
FAX: (514) 954-1905
Email: gpratte@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Jayde Scott, on behalf of herself and other class members
Counsel
Virginia Gillmore
Mathieu Nicholas Picard
1959 Upper Water St., Suite 502
Halifax, New Brunswick
B3J 3N2
Telephone: (877) 423-2050
Email: john@mckigganhebert.com
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
Keywords
Civil procedure — Class actions — Certification — Requirement for identifiable class — Whether claims-based class definitions are permissible and if so, under what circumstances — Can merits-based class definitions meet the identifiable class requirement for certification, and if so, in what circumstances — Are claims-based class definitions using claims limiters an appropriate way to avoid merits-based class definitions and if so in what circumstances — If a claims-based class definition is appropriate, what implications does its use have for the common issues and preferable procedure requirements, particularly in the context of medical negligence cases?
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.
Ms. Scott alleges that she attended at Moncton Hospital to give birth to twins and a nurse administered Oxytocin to her without medical authorization. She alleged that this was followed by strong and prolonged contractions, fetal distress and an emergency caesarean section. Ms. Scott commenced an action and applied to have it certified as a class action pursuant to the Class Proceedings Act, R.S.N.B. 2011, c. 125. The hearings judge dismissed the application for certification. The Court of Appeal allowed an appeal, certified a class proceeding, and set out the certified class and common questions.
Lower court rulings
Application for certification of class proceeding dismissed
Appeal allowed, certification of class proceeding granted
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