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34362

Brian Cuthbertson, et al. v. Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel

(Ontario) (Civil) (By Leave)

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)
2013-10-25 Appeal closed
2013-10-21 Formal judgment sent to the registrar of the court of appeal and all parties
2013-10-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-10-18 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C53442, 2011 ONCA 482, dated June 29, 2011, heard on December 10, 2012, is dismissed without costs. The motions to adduce fresh evidence are dismissed without prejudice to the Consent and Capacity Board receiving any evidence it deems relevant. Abella and Karakatsanis JJ. are dissenting.
Dismissed, without costs
2013-10-15 Correspondence received from, Mr. Peck rec'd by email re: request for alternative access during media lock-up Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario
2013-08-30 Correspondence received from, Graham Webb will be participating in the lock-up Advocacy Centre for the Elderly and ARCH Disability Law Centre
2013-07-09 Media lock-up request accepted
2013-07-08 Media lock-up consent form received from, Larry Lee re: consent to lock-up and J Gardner Hodder will be participating Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2013-07-05 Media lock-up consent form received from, Andrew McCutcheon re: consent to media lock-up and Erica Baron and Ken Evans will be participating Brian Cuthbertson
2013-07-05 Correspondence received from, Mr. Scher rec'd by fax re: will be participating in the lock-up Euthanasia Prevention Coalition
2013-07-02 Correspondence received from, Mr. Polizogopoulos re: will be participating in the lock-up Evangelical Fellowship of Canada
2013-06-19 Media lock-up letter, consent form and undertaking sample sent to all parties
2013-06-07 Media lock-up requested or proposed
2012-12-21 Transcript received, (134 pages)
2012-12-10 Judgment reserved OR rendered with reasons to follow
2012-12-10 Hearing of the appeal, 2012-12-10, CJ LeB F Abe Ro Cro Ka
Judgment reserved
2012-12-10 Acknowledgement and consent for video taping of proceedings, All parties consented
2012-12-10 Intervener's condensed book, (Book Form), Filed in Court Canadian Critical Care Society
2012-12-10 Intervener's condensed book, (Book Form), Filed in Court Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario
2012-12-10 Respondent's condensed book, (Book Form), Filed in Court Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-12-10 Appellant's condensed book, (Book Form), File in Court Brian Cuthbertson
2012-12-06 Correspondence received from, Andrew McCutcheon dated Dec. 5/12 joint with the consent of the appellants and respondent to both motions to adduce fresh evidence (submitted to the Court Dec. 6/12) Brian Cuthbertson
2012-11-29 Order on motion to adduce new evidence, (by KARAKATSANIS J.)
2012-11-29 Decision on motion to adduce new evidence, Ka, UPON APPLICATION by the appellants for an order granting leave to adduce fresh evidence namely the affidavit of Lifa Jensen-Taillefer sworn November 9, 2012;
AND UPON APPLICATION by the respondent for an order to adduce fresh evidence namely the affidavit of Parichehr Salasel sworn November 22, 2012 and the affidavit of Mojgan Rasouli sworn November 25, 2012;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions to adduce fresh evidence are referred to the panel of the Court hearing the appeal and may be argued at the commencement of the hearing. If so argued, the time required for the argument of these motions will be deducted from the time allotted to the appellants and respondent for the presentation of their submissions on the appeal
Referred
2012-11-29 Submission of motion to adduce new evidence, Ka
2012-11-27 Correspondence received from, Mr. Schible dated Nov. 26/12 re: filing of a motion for new evidence and response to new evidence Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-11-27 Response to the motion to adduce new evidence, (Book Form), (add. copies rec'd Dec 3/12) (sent to the Court Dec. 3/12), Completed on: 2012-11-27 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-11-27 Motion to adduce new evidence, (Book Form), namely the affidavit of Parichehr Salasel sworn Nov. 22/12 and the affidavit of Mojgan Rasouli sworn Nov. 25/12 (add. copies rec'd Dec 3/12) (sent to the Court Dec. 3/12), Completed on: 2012-11-26 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-11-26 Notice of appearance, Marshall Swadron, Ryan Peck and Amy Wah will be appearing, Mr. Swadron will make oral submission. Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario
2012-11-23 Correspondence received from, M.-F. Major date Nov. 23/12 re: 3 reserved seats Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario
2012-11-20 Response to the motion to adduce new evidence, (Letter Form), from Albertos Polizogopoulos dated Nov 20/12, Completed on: 2012-11-20 Evangelical Fellowship of Canada
2012-11-20 Response to the motion to adduce new evidence, email from Burke-Robertson dated Nov. 20/12, Completed on: 2012-11-20 Euthanasia Prevention Coalition
2012-11-19 Motion to adduce new evidence, (Book Form), namely the affidavit of Lifa Jensen-Taillefer sworn Nov. 9/12 (sent to the Court Dec. 3/12), Completed on: 2012-11-19 Brian Cuthbertson
2012-11-14 Correspondence received from, Susan E. Opler request 2 reserve seats Consent and Capacity Board
2012-11-13 Correspondence received from, Ms. Sciberras by fax dated Nov. 13/12 re: request for 2 reserved seats Advocacy Centre for the Elderly and ARCH Disability Law Centre
2012-11-09 Correspondence received from, Gardner Hodder dated Nov. 9/12 and rec'd by fax re: 3 extras reserved seats Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-11-09 Notice of appearance, J. Gardner Hodder, Guillermo Schible and Stefan A. De Smit will be appearing and Mr. Hodder and Schible will present oral arguments Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-11-07 Supplemental document, Supplemental Book of Authorities, Completed on: 2012-11-07 Brian Cuthbertson
2012-10-25 Correspondence received from, 5 reserved seats requested Canadian Association of Critical Care Nurses
2012-10-25 Correspondence received from, 5 reserved seats requested Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-10-25 Notice of appearance, Gardner Hodder, Guillermo Schibble and Stefan De Smit will be present at the hearing. Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-10-18 Notice of appearance, Andrew Faith and Alexi Wood will be present at the hearing. Canadian Critical Care Society
2012-10-16 Notice of appearance, Dianne Wintermute, Graham Webb, Clara Ho and C. Tess Sheldon will be present at the hearing. Advocacy Centre for the Elderly and ARCH Disability Law Centre
2012-10-03 Correspondence received from, Mr. Polizogopoulos dated Oct. 2/12 re: 5 reserved seats Evangelical Fellowship of Canada
2012-10-03 Correspondence received from, 5 reserved seats requested Evangelical Fellowship of Canada
2012-10-03 Notice of appearance, Albertos Polizogopoulos, Don Hutchinson and Faye Sonier will be present at the hearing. Evangelical Fellowship of Canada
2012-10-01 Notice of appearance, Hugh Scher will be present at the hearing. Euthanasia Prevention Coalition
2012-09-24 Notice of appearance, Rahool Agarwal, Nahla Khouri and Nicholas Saint-Martin will be present at the hearing. Canadian Association of Critical Care Nurses
2012-09-12 Correspondence received from, Gowlings rec'd Sept. 12/12 by email re: request for 16 reserved seats Brian Cuthbertson
2012-08-17 Order on motion to extend time
2012-08-17 Decision on motion to extend time, Cro, to serve and file the respondent's factum and book of authorities to July 17/12 and permitting oral argument at the hearing of the appeal pursuant to Rule 71(3)
Granted
2012-08-17 Submission of motion to extend time, Cro
2012-08-17 Order by, Cro, FURTHER TO THE ORDER dated May 31, 2012, granting leave to intervene to the Evangelical Fellowship of Canada, the Euthanasia Prevention Coalition, the Canadian Critical Care Society, the Canadian Association of Critical Care Nurses, the Advocacy Centre for the Elderly and ARCH Disability Law Centre and the Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario in the above appeal;
IT IS HEREBY FURTHER ORDERED THAT: each of the following three groups of interveners, the Canadian Critical Care Society, the Canadian Association of Critical Care Nurses and the Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
AND IT IS HEREBY FURTHER ORDERED THAT: each of the following three groups of interveners, the Euthanasia Prevention Coalition, the Evangelical Fellowship of Canada and the Advocacy Centre for the Elderly and ARCH Disability Law Centre is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal
Granted
2012-08-09 Correspondence received from, Request of 4 extra seats Brian Cuthbertson
2012-08-08 Motion to extend time, (Book Form), to serve and file the respondent's factum and book of authorities to July 17/12 and permitting oral argument at the hearing of the appeal pursuant to Rule 71(3) (fee missing), Completed on: 2012-08-20 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-07-27 Correspondence received from, 6 reserved seats requested Brian Cuthbertson
2012-07-26 Intervener's book of authorities, Completed on: 2012-07-31 Canadian Association of Critical Care Nurses
2012-07-26 Intervener's factum, service to come (rec'd July 31/12), Completed on: 2012-07-31 Canadian Association of Critical Care Nurses
2012-07-26 Intervener's book of authorities, (3 volumes), Completed on: 2012-07-26 Euthanasia Prevention Coalition
2012-07-26 Intervener's factum, Completed on: 2012-07-26 Euthanasia Prevention Coalition
2012-07-26 Intervener's book of authorities, Completed on: 2012-07-26 Canadian Critical Care Society
2012-07-26 Intervener's factum, Completed on: 2012-07-26 Canadian Critical Care Society
2012-07-26 Intervener's book of authorities, (2 volumes), Completed on: 2012-07-26 Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario
2012-07-26 Intervener's factum, Completed on: 2012-07-27 Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario
2012-07-26 Intervener's book of authorities, Completed on: 2012-07-26 Evangelical Fellowship of Canada
2012-07-26 Intervener's factum, Completed on: 2012-07-26 Evangelical Fellowship of Canada
2012-07-26 Notice of appearance, Harry Underwood, Andrew McCutcheon and Erica Baron will be present at the hearing. Brian Cuthbertson
2012-07-25 Intervener's book of authorities, Completed on: 2012-07-25 Advocacy Centre for the Elderly and ARCH Disability Law Centre
2012-07-25 Intervener's factum, Completed on: 2012-07-25 Advocacy Centre for the Elderly and ARCH Disability Law Centre
2012-07-24 Notice of hearing sent to parties
2012-07-19 Appeal hearing scheduled, 2012-12-10, (previously & tentatively scheduled for Nov. 9/12) (Early start 9:00a.m.)
Judgment reserved
2012-07-17 Respondent's book of authorities, Completed on: 2012-08-08 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-07-17 Respondent's factum, Motion for extension of time and a new CD requested - Rec'd on August 8, 2012 (Table of contents filed and sent to the Court on August 8, 2012), Completed on: 2012-08-08 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-06-01 Transcript received, (15 pages)
2012-05-31 Letter sent to Intervener(s)
2012-05-31 Order on motion for leave to intervene, (BY CROMWELL J.)
2012-05-31 Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Evangelical Fellowship of Canada 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 Euthanasia Prevention Coalition, the Canadian Critical Care Society, the Canadian Association of Critical Care Nurses, the Advocacy Centre for the Elderly and ARCH Disability Law Centre and the Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario 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 Evangelical Fellowship of Canada 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 26, 2012.
The motions for leave to intervene of the Euthanasia Prevention Coalition, the Canadian Critical Care Society, the Canadian Association of Critical Care Nurses, the Advocacy Centre for the Elderly and ARCH Disability Law Centre and the Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario are granted and the said five groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before July 26, 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 respondent any additional disbursements occasioned to the appellants and respondent by their interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The appellants are denied leave to file a reply factum without prejudice to reapplying for leave to file a reply factum after the interveners factums have been filed
Granted
2012-05-31 Submission of motion for leave to intervene, Cro
2012-05-17 Correspondence (sent by the Court) to, the respondent directing him to file his factum on or before June 18, 2012.
2012-05-17 Acknowledgement and consent for video taping of proceedings, from all parties
2012-05-17 Decision on the motion to quash the appeal, CJ LeB De Abe Ka, The motion to quash the appeal from the judgment of the Court of Appeal for Ontario, Number C53442, 2011 ONCA 482, dated June 29, 2011, was heard this day and the following judgment was rendered:
THE CHIEF JUSTICE (orally) — The motion to quash is dismissed.
Dismissed
2012-05-17 Hearing of the motion to quash, CJ LeB De Abe Ka
2012-05-17 Submission of motion to quash, CJ LeB De Abe Ka
2012-05-16 Judgment on leave sent to the parties
2012-05-09 Appellant's book of authorities, (on Motion to quash the appeal - bookform; sent to the Court on May 10/12), Completed on: 2012-05-10 Brian Cuthbertson
2012-05-07 Notice of appearance, Lorne Waldman will be present at the hearing Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-05-03 Notice of appearance, Harry Underwood and Erica Baron will be present at the hearing Brian Cuthbertson
2012-05-02 Correspondence received from, (page with signature to include in Memorandum of arguments filed May 2/12 (original rec'd May 8/12)) Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-05-02 Supplemental document, (Memorandum of Argument on Motion to quash - bookform; sent to the Court on May 3/12) (Service missing - rec'd May 3/12 by fax (original rec'd May 8/12)), Completed on: 2012-05-03 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-05-02 Respondent's book of authorities, (on Motion to quash the appeal - bookform; sent to the Court on May 3/12) (Service missing - rec'd May 3/12 by fax), Completed on: 2012-05-03 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-04-30 Notice of hearing sent to parties, (Oral hearing on Motion to quash the appeal)
2012-04-27 Response to the motion to quash, Sent to the Court on April 30, 2012, Completed on: 2012-04-27 Brian Cuthbertson
2012-04-25 Appeal hearing scheduled, 2012-05-17, (Oral hearing on motion to quash the appeal) (Start Time - 9:30 A.M.)
2012-04-25 Correspondence received from, Harry Underwood by fax, re.: change of Ottawa agent Brian Cuthbertson
2012-04-23 Supplemental document, (pursuant to Justice Karakatsanis's order of April 17, 2012) CD rec'd Apr. 25/12, Completed on: 2012-04-27 Brian Cuthbertson
2012-04-20 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (new tentative hearing date)
2012-04-20 Motion to quash, (bookform) (12 suppl. copies of motion rec'd April 30/12) Sent to the Court on April 30, 2012
, Completed on: 2012-04-23
Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-04-17 Order on motion to adduce new evidence
2012-04-17 Decision on motion to adduce new evidence, Ka, namely the affidavit of Brian Cuthbertson sworn March 7/12
Granted
2012-04-17 Submission of motion to adduce new evidence, Ka
2012-04-13 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2012-04-13 Evangelical Fellowship of Canada
2012-04-10 Appeal perfected for hearing
2012-03-22 Correspondence received from, E.J. Baron dated March 21/12 & rec'd by mail, re.: request to change tentative hearing date Brian Cuthbertson
2012-03-19 Response to the motion for leave to intervene, (bookform) (to all motions), Completed on: 2012-03-19 Brian Cuthbertson
2012-03-15 Response to the motion to adduce new evidence, (included in motion), Completed on: 2012-03-15 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2012-03-15 Response to the motion to adduce new evidence, Completed on: 2012-03-15 Consent and Capacity Board
2012-03-15 Motion to adduce new evidence, namely the affidavit of Brian Cuthbertson sworn March 7/12 (bookform), Completed on: 2012-03-15 Brian Cuthbertson
2012-03-09 Motion for leave to intervene, (bookform), Completed on: 2012-03-09 Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario
2012-03-09 Motion for leave to intervene, (bookform), Completed on: 2012-03-09 Advocacy Centre for the Elderly and ARCH Disability Law Centre
2012-03-09 Motion for leave to intervene, (bookform), Completed on: 2012-03-09 Canadian Association of Critical Care Nurses
2012-03-09 Motion for leave to intervene, (bookform), Completed on: 2012-03-09 Euthanasia Prevention Coalition
2012-03-09 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-03-08 Motion for leave to intervene, and to adduce new evidence contained in the affidavit of David Leasa (bookform), Completed on: 2012-03-08 Canadian Critical Care Society
2012-02-10 Appellant's book of authorities, (3 volumes), Completed on: 2012-02-10 Brian Cuthbertson
2012-02-10 Appellant's record, (4 volumes), Completed on: 2012-02-10 Brian Cuthbertson
2012-02-10 Appellant's factum, Completed on: 2012-02-10 Brian Cuthbertson
2012-01-31 Notice of deposit for security Brian Cuthbertson
2012-01-17 Notice of appeal, Notice of security missing - Rec'd on January 31, 2012, Completed on: 2012-01-31 Brian Cuthbertson
2011-12-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-12-23 Judgment on leave sent to the parties
2011-12-22 Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C53442, 2011 ONCA 482, dated June 29, 2011, is granted without costs.
Granted, without costs
2011-12-22 Decision on motion to expedite the application for leave to appeal, see judgment
Granted
2011-09-26 All materials on application for leave submitted to the Judges, CJ LeB De
2011-09-26 Submission of motion to expedite the application for leave to appeal, CJ LeB De
2011-09-16 Correspondence received, (Letter Form), from Robert Houston re: Euthaniasia Prevention Coalition will not be seeking leave to intervene and requests to have all their submissions returned.
2011-09-15 Correspondence received from, Mr. McCutcheon dated Sept. 13/11 re: consent from the respondent to the motion to expedite and draft order. Brian Cuthbertson
2011-09-15 Response to the motion to expedite the application for leave to appeal, Consent, Completed on: 2011-09-15 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2011-09-13 Correspondence received from, Erica J. Baron re: intervener status of the Euthanasia Prevention Coalition. Brian Cuthbertson
2011-09-12 Applicant's reply to respondent's argument, Completed on: 2011-09-12 Brian Cuthbertson
2011-09-06 Respondent's response on the application for leave to appeal, One copy missing (rec'd September 15, 2011), Completed on: 2011-09-15 Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel
2011-08-22 Correspondence received from, Andrew E. McCutcheon on Aug 18, 2011 RE: return of CA order form Brian Cuthbertson
2011-08-11 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order
2011-08-10 Motion to expedite the application for leave to appeal, Completed on: 2011-08-10 Brian Cuthbertson
2011-08-05 Book of authorities Brian Cuthbertson
2011-08-05 Application for leave to appeal, 2 volumes, signed C/A order missing (draft order included) (Final C/A order received on Sep 27, 2011) (Sent to the Court on Oct. 11, 2011), Completed on: 2011-09-27 Brian Cuthbertson

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

Main parties - Appellants
Name Role Status
Cuthbertson, Brian Appellant Active
Rubenfeld, Gordon Appellant Active

v.

Main parties - Respondents
Name Role Status
Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel Respondent Active

Other parties

Other parties
Name Role Status
Consent and Capacity Board Intervener Active
Euthanasia Prevention Coalition Intervener Active
Canadian Critical Care Society Intervener Active
Canadian Association of Critical Care Nurses Intervener Active
Advocacy Centre for the Elderly and ARCH Disability Law Centre Intervener Active
Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario Intervener Active
Evangelical Fellowship of Canada Intervener Active

Counsel

Party: Cuthbertson, Brian

Counsel
Harry C. G. Underwood
Erica J. Baron
Andrew McCutcheon
McCarthy Tétrault LLP
Box 48, 5300 - 66 Wellington St. W.
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7911
FAX: (416) 868-0673
Email: hunderwo@mccarthy.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Rubenfeld, Gordon

Counsel
Harry C. G. Underwood
Erica J. Baron
Andrew McCutcheon
McCarthy Tétrault LLP
Box 48, 5300 - 66 Wellington St. W.
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7911
FAX: (416) 868-0673
Email: hunderwo@mccarthy.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel

Counsel
J. Gardner Hodder
Guillermo Schible
Stefan A. De Smit
Hodder Barristers
Adelaide Place, ING Tower
181 University Avenue, Suite 2200
Toronto, Ontario
M5H 3M7
Telephone: (416) 601-6809
FAX: (416) 947-0909
Email: ghodder@hodderbarristers.com
Agent
Gordon K. Cameron
Blake, Cassels & Graydon LLP
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com

Party: Consent and Capacity Board

Counsel
Lorissa Sciarra
Consent and Capacity Board
151 Bloor Street West, 10th Floor
Toronto, Ontario
M5S 2T5
Telephone: (416) 327-4142
FAX: (416) 924-8873
Email: lorissa.sciarra@ontario.ca

Party: Euthanasia Prevention Coalition

Counsel
Hugh R. Scher
Scher Law Professional Corporation
69 Bloor Street East
Suite 210
Toronto, Ontario
M4W 1A9
Telephone: (416) 515-9686
FAX: (416) 969-1815
Email: hugh@sdlaw.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Canadian Critical Care Society

Counsel
Andrew S. Faith
Alexi N. Wood
Polley Faith LLP
357 Bay Street, Suite 900
Toronto, Ontario
M5H 2T7
Telephone: (416) 365-1602
FAX: (416) 365-1601
Email: afaith@polleyfaith.com
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com

Party: Canadian Association of Critical Care Nurses

Counsel
Rahool P. Agarwal
Nahla Khouri
Nicholas Saint-Martin
Norton Rose Fulbright Canada LLP
79 Wellington Street
P.O. Box 128
Toronto, Ontario
M5J 1H1
Telephone: (416) 216-3943
FAX: (416) 216-3930
Email: rahool.agarwal@nortonrose.com
Agent
Sally Gomery
Norton Rose Fulbright Canada LLP
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com

Party: Advocacy Centre for the Elderly and ARCH Disability Law Centre

Counsel
Graham Webb
Clara Ho
Dianne Wintermute
C. Tess Sheldon
Advocacy Centre for the Elderly
2 Carlton Street, Suite 701
Toronto, Ontario
M5B 1J3
Telephone: (416) 598-2656
FAX: (416) 598-7924
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
397 Gladstone Avenue
Suite 100
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario

Counsel
Marshall A. Swadron
Mercedes Perez
Ryan Peck
Amy Wah
Swadron Associates
115 Berkeley Street
Toronto, Ontario
M5A 2W8
Telephone: (416) 362-1234
FAX: (416) 362-1232
Agent
Marie-France Major
Supreme Advocacy LLP
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Evangelical Fellowship of Canada

Counsel
Albertos Polizogopoulos
Vincent Dagenais Gibson LLP
325 Dalhousie Street
Suite 600
Ottawa, Ontario
K1N 7G2
Telephone: (613) 241-2701
FAX: (613) 241-2599
Email: albertos@vdg.ca

Summary

Keywords

None.

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.

Legislation Interpretation Health Care Withdrawal of life sustaining medical treatment Whether patient consent is required to withhold or withdraw non indicated treatment Whether consent is required to withdraw non indicated treatment if other positive treatment is to be administered upon the withdrawal of the non indicated treatment Where there is a category of life sustaining medical treatments that cannot be withdrawn or withheld without patient or substitute decision-maker consent, even where the treatment is non indicated In the event a physician concludes that a current treatment has become a non indicated treatment, despite prolonging life, what steps is a physician obliged to take before withdrawing the non indicated treatment?

The respondent is in a coma. The appellants, who are his physicians, seek to withdraw life sustaining treatment and to administer palliative care. The respondent’s substitute decision-maker under the Health Care Consent Act, 1996, S.O. 1996, c. 2, refuses to consent to withdrawing life sustaining treatment. The appellants acknowledge that they require consent to administer palliative care but they believe that they do not need consent to withdraw life sustaining measures that are no longer medically indicated. At issue is whether the appellants require consent or a determination from the Consent and Capacity Board that withdrawing life support is in the respondent’s best interests.


Lower court rulings

March 9, 2011
Ontario Superior Court of Justice

CV-11-419611, 2011 ONSC 1500

Ordered to refer proposal to end medical treatment to Consent and Capacity Board; Order that mechanical ventilation may not be withdrawn and applicant may not be transferred to palliative care pending a decision by the Board

June 29, 2011
Court of Appeal for Ontario

C53442, 2011 ONCA 482

Appeal dismissed

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Date modified: 2025-02-27