Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2013-05-31	Appeal closed
2013-05-27	Formal judgment sent to the registrar of the court of appeal and all parties
2013-05-27	Judgment on appeal and notice of deposit of judgment sent to all parties
2013-05-24	Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA037090 and CA037107, 2011 BCCA 192, dated April 14, 2011, heard on November 13, 2012, is allowed. The cross-appeal is allowed and the order of the trial judge is reversed in part. The appellants/respondents on cross-appeal are entitled to damages against Dr. Yue in the amount assessed by the trial judge and to costs in the courts below and on the appeal here, payable by Dr. Yue. The actions against Nurse Bellini, the Hospital and Drs. Steele and Edris are dismissed. Nurse Bellini and the Hospital are entitled to their costs on the cross-appeal alone, payable by the appellants/respondents on cross-appeal. Allowed, with costs
2012-11-27	Transcript received, (114 pages)
2012-11-20	Correspondence received from, Marie-France Major re: consent to filing of the Court of Appeal of Alberta decision	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-11-20	Correspondence received from, Ed Van Bemmel rec'd by email Nov. 20/12 re: consent to filing of the decision of the Court of Appeal of Alberta	Dale R. Steele
2012-11-20	Correspondence received from, Nancy Brooks rec'd by email Nov. 20/12 re: consent to filing of the Court of Appeal of Alberta decision	British Columbia Women's Hospital and Health Center
2012-11-19	Supplemental document, Decision of the Court of Appeal dated Nov. 13/12 (sent to the Court Nov. 21/12), Completed on: 2012-11-19	Canadian Bar Association
2012-11-13	Judgment reserved OR rendered with reasons to follow
2012-11-13	Hearing of the appeal, 2012-11-13, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved
2012-11-13	Acknowledgement and consent for video taping of proceedings, All parties consented
2012-11-13	Respondent's condensed book, (Book Form), Filed in Court Nov. 13/12	Dale R. Steele
2012-11-13	Respondent's condensed book, (Book Form), Filed in Court Nov. 13/12	British Columbia Women's Hospital and Health Center
2012-11-13	Appellant's condensed book, (Book Form), Filed in Court Nov. 13/12	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-11-06	Correspondence received from, Gowlings rec'd by email Nov. 6/12 re: allocation of time betheen the respondent	British Columbia Women's Hospital and Health Center
2012-11-05	Notice of appearance, M David Lepofsky will be appearing and request that a student by with him at counsel table.	Attorney General of Ontario
2012-11-02	Notice of appearance, James M. Lepp, Q.C., Mandeep K. Gill and Daniel J. Reid will be appearing	Dale R. Steele
2012-11-02	Notice of appearance, Dan Shugarman, Ann Howell, Paul McGivern and Marie-France Major will be appearing and Mr. McGivern will make oral submission - amended rec'd Nov. 7/12	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-10-31	Notice of appearance, George K. Mcintosh, Q.C. and Tim Dickson will be appearing and Mr. Mcintosh will be making oral submission	Trial Lawyers Association of British Columbia
2012-10-30	Notice of appearance, Catherine Woods and Adam Howden-Duke will be appearing and Ms Woods will be making oral submission.	British Columbia Women's Hospital and Health Center
2012-10-29	Notice of appearance, Mahmud Jamal and Raphael Eghan will be appearing and Mr. Jamal will be making oral submission	Canadian Bar Association
2012-10-29	Supplemental document, Authorities, Completed on: 2012-10-29	Canadian Bar Association
2012-08-13	Order by, Ro, FURTHER TO THE ORDER dated June 4, 2012, granting leave to intervene to the Attorney General of Ontario, the Canadian Bar Association and the Trial Lawyers Association of British Columbia in the above appeal; IT IS HEREBY FURTHER ORDERED THAT: each of the said interveners is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal Granted
2012-07-30	Intervener's book of authorities, Completed on: 2012-07-30	Canadian Bar Association
2012-07-30	Intervener's factum, Completed on: 2012-07-30	Canadian Bar Association
2012-07-27	Intervener's book of authorities, Completed on: 2012-07-27	Trial Lawyers Association of British Columbia
2012-07-27	Intervener's factum, Completed on: 2012-07-27	Trial Lawyers Association of British Columbia
2012-07-27	Correspondence received from, 4 reserved seats requested	Dale R. Steele
2012-07-26	Intervener's book of authorities, Completed on: 2012-07-26	Attorney General of Ontario
2012-07-26	Intervener's factum, Completed on: 2012-07-26	Attorney General of Ontario
2012-07-24	Notice of hearing sent to parties
2012-07-19	Appeal hearing scheduled, 2012-11-13 Judgment reserved
2012-06-11	Respondent's book of authorities - cross appeal, Completed on: 2012-06-11	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-06-11	Respondent's record - cross appeal	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-06-11	Respondent's factum - cross appeal, Completed on: 2012-06-11	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-06-04	Decision on motion to extend time, Ro, IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Canadian Bar Association is granted Granted, no order as to costs
2012-06-04	Submission of motion to extend time, Ro
2012-06-04	Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2012-06-04	Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian Bar Association for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND UPON APPLICATIONS by the Attorney General of Ontario and the Trial Lawyers Association of British Columbia for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Canadian Bar Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before July 30, 2012. The motions for leave to intervene of the Attorney General of Ontario and the Trial Lawyers Association of British Columbia are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before July 30, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions Granted
2012-06-04	Submission of motion for leave to intervene, Ro
2012-05-30	Appeal perfected for hearing
2012-05-28	Appellant's record - cross appeal	British Columbia Women's Hospital and Health Center
2012-05-28	Respondent's record, (Vol. 1 to 3) joint with cross-appeal, Completed on: 2012-05-28	British Columbia Women's Hospital and Health Center
2012-05-28	Appellant's book of authorities - cross appeal, Completed on: 2012-05-28	British Columbia Women's Hospital and Health Center
2012-05-28	Respondent's book of authorities, joint with cross-appeal, Completed on: 2012-05-28	British Columbia Women's Hospital and Health Center
2012-05-28	Appellant's factum - cross appeal, joint with respondent's factum, Completed on: 2012-05-28	British Columbia Women's Hospital and Health Center
2012-05-28	Respondent's factum, Cross-Appeal included, Completed on: 2012-05-28	British Columbia Women's Hospital and Health Center
2012-05-28	Correspondence received from, Marie-France Major dated May 28, 2012 re: consent to the change of the style of cause	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-05-25	Respondent's record, (Vol. 1 to 3), Completed on: 2012-05-25	Dale R. Steele
2012-05-25	Respondent's book of authorities, Completed on: 2012-05-25	Dale R. Steele
2012-05-25	Respondent's factum, Completed on: 2012-05-28	Dale R. Steele
2012-05-24	Correspondence received from, Nancy Brooks dated May 24, 2012 re: style of cause	British Columbia Women's Hospital and Health Center
2012-05-23	Response to the motion for leave to intervene, (Letter Form), of the CBA rec'd by fax with cc. to all parties re: no position (if granted, appellant request permision to file a reply), Completed on: 2012-05-23	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-05-18	Response to motion to extend time, (Letter Form), included in the response to intervention, Completed on: 2012-05-18	British Columbia Women's Hospital and Health Center
2012-05-18	Response to the motion for leave to intervene, (Letter Form), of CBA rec'd by email with cc. to all parties re: does not oppose, Completed on: 2012-05-18	British Columbia Women's Hospital and Health Center
2012-05-18	Response to motion to extend time, Completed on: 2012-05-18	Dale R. Steele
2012-05-18	Response to the motion for leave to intervene, (Letter Form), email from Gowlings dated May 18/12 (to CBA), Completed on: 2012-05-18	Dale R. Steele
2012-05-17	Motion to extend time, Completed on: 2012-05-17	Canadian Bar Association
2012-05-17	Motion for leave to intervene, (book form) extension of time included, Completed on: 2012-05-17	Canadian Bar Association
2012-05-04	Response to the motion for leave to intervene, (Letter Form), from Catherine L. Woods, Q.C. dated May 3/12 (by Trial Lawyers Association of British Columbia), Completed on: 2012-05-04	British Columbia Women's Hospital and Health Center
2012-05-03	Response to the motion for leave to intervene, (Letter Form), from J.M. Lepp, Q.C. dated May 3/12 (by Trial Lawyers Association of British Columbia), Completed on: 2012-05-03	Dale R. Steele
2012-05-01	Response to the motion for leave to intervene, (Letter Form), from Marie-France Major dated May 1/12 (by Trial Lawyers Association of British Columbia), Completed on: 2012-05-01	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-04-30	Motion for leave to intervene, (bookform), Completed on: 2012-05-10	Trial Lawyers Association of British Columbia
2012-04-20	Response to the motion for leave to intervene, email from Gowlings dated Apr. 20/12 (by A.G. Ont.), Completed on: 2012-04-20	Jenise Yue and Fawaz Edris
2012-04-19	Response to the motion for leave to intervene, (Letter Form), from Marie-France Major dated Apr. 19/12 (by A.G. Ont.), Completed on: 2012-04-19	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-04-17	Motion for leave to intervene, Completed on: 2012-04-17	Attorney General of Ontario
2012-04-05	Judgment of the Court on the application for leave to cross-appeal, The motion for an extension of time to serve and file the application for leave to cross-appeal is granted. The application for leave to cross-appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA037090 and CA037107, 2011 BCCA 192, dated April 14, 2011 is granted with costs in the cause. Granted, with costs in the cause
2012-04-05	Decision on motion to extend time, CJ Ro Mo Granted, no order as to costs
2012-04-02	Appellant's book of authorities, Completed on: 2012-04-02	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-04-02	Appellant's record, (3 volumes), Completed on: 2012-04-02	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-04-02	Appellant's factum, Completed on: 2012-04-02	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-03-09	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-02-28	Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), from Nancy Brooks dated Feb 28, 2012, Completed on: 2012-02-29	British Columbia Women's Hospital and Health Center
2012-02-27	All material on the application for leave to cross-appeal submitted to the Judges, CJ Ro Mo
2012-02-27	Submission of motion to extend time, to serve and file the application for leave to cross-appeal, CJ Ro Mo
2012-02-22	Memorandum of argument in response to the cross-appeal, (Letter Form), (by email) from Gowling dated Feb 22, 2012 re: will not respond to the leave to cross-appeal, Completed on: 2012-02-22	Dale R. Steele
2012-02-17	Memorandum of argument in response to the cross-appeal, (Letter Form), from Marie-France Major dated Feb 17, 2012, Completed on: 2012-02-17	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2012-02-08	Motion to extend time, to serve and file an application to cross-appeal, Completed on: 2012-02-08	British Columbia Women's Hospital and Health Center
2012-02-08	Application for leave to cross-appeal, motion of extension of time included in the application, form 25B missing, rec'd Feb 13, 2012, Completed on: 2012-02-13	British Columbia Women's Hospital and Health Center
2012-01-06	Correspondence received from, M.F. Major dated Jan 6, 2012 re: change of agent	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2011-12-22	Notice of appeal, Completed on: 2011-12-22	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2011-11-25	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-11-25	Judgment on leave sent to the parties
2011-11-24	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 British Columbia (Vancouver), Numbers CA037090 and CA037107, 2011 BCCA 192, dated April 14, 2011, is granted with costs in the cause. Granted, with costs in the cause
2011-10-03	All materials on application for leave submitted to the Judges, Bi Abe Ro
2011-08-17	Applicant's reply to respondent's argument, Completed on: 2011-08-17	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru
2011-08-10	Respondent's response on the application for leave to appeal, new p.2 covers requested, Completed on: 2011-08-10	Dale R. Steele
2011-08-02	Respondent's response on the application for leave to appeal, Completed on: 2011-08-02	British Columbia Women's Hospital and Health Center
2011-06-14	Letter acknowledging receipt of a complete application for leave to appeal
2011-06-10	Application for leave to appeal, Completed on: 2011-06-10	Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru	Appellant / Respondent on cross-appeal	Active
Monica Cojocaru	Appellant / Respondent on cross-appeal	Active

v.

Main parties - Respondents

Name	Role	Status
British Columbia Women's Hospital and Health Center	Respondent / Appellant on cross-appeal	Active
F. Bellini	Respondent / Appellant on cross-appeal	Active
Dale R. Steele	Respondent	Active
Jenise Yue and Fawaz Edris	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru	Appellant / Respondent on cross-appeal	Active
Monica Cojocaru	Appellant / Respondent on cross-appeal	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
Steele, Dale R.	Respondent	Active
Jenise Yue, Fawaz Edris	Respondent	Active
British Columbia Women's Hospital and Health Center	Respondent / Appellant on cross-appeal	Active
F. Bellini	Respondent / Appellant on cross-appeal	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Ontario	Intervener	Active
Trial Lawyers Association of British Columbia	Intervener	Active
Canadian Bar Association	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

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 filing 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.

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Factums on appeal

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.

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Webcasts

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