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.
36291
Albert Benhaim, et al. v. Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond
(Quebec) (Civil) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-11-21 | Appeal closed | |
| 2016-11-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-11-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-11-10 |
Judgment on the appeal rendered, CJ Abe Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-022070-114, 2014 QCCA 2207, dated December 12, 2014, heard on April 28, 2016, is allowed with costs throughout. Abella, Côté and Brown JJ. are dissenting. Allowed, with costs |
|
| 2016-05-11 | Transcript received, 98 pages | |
| 2016-04-28 | General proceeding, both parties confirmed that there was nothing said in regards to the publication ban | Albert Benhaim |
| 2016-04-28 | Judgment reserved OR rendered with reasons to follow | |
| 2016-04-28 |
Hearing of the appeal, 2016-04-28, CJ Abe Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-04-28 | Respondent's condensed book, (Book Form), Filed in Court | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2016-04-28 | Appellant's condensed book, (Book Form), Filed in Court | Albert Benhaim |
| 2016-04-25 | Notice of appearance, (Letter Form), David E. Platts and Élisabeth Brousseau will be appearing and Mr. Platts will present oral arguments. | Albert Benhaim |
| 2016-04-22 | Correspondence received from, (Letter Form), 6 reserved seats requested | Albert Benhaim |
| 2016-04-14 | Correspondence received from, (Letter Form), 9 reserved seats requested | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2016-04-14 | Notice of appearance, (Letter Form), Gordon Kugler and Stuart Kugler will appearing and presenting oral argument | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2016-04-07 | Appeal perfected for hearing | |
| 2016-04-01 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-04-01) | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2016-04-01 | Respondent's book of authorities, (Book Form), Completed on: 2016-04-06, (Electronic version filed on 2016-04-01) | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2016-04-01 | Respondent's record, (Book Form), Completed on: 2016-04-06, (Electronic version filed on 2016-04-06) | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2016-04-01 | Respondent's factum, (Book Form), Completed on: 2016-04-06, (Electronic version filed on 2016-04-01) | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2016-02-12 | Appellant's book of authorities, (Book Form), Completed on: 2016-02-17, (Electronic version filed on 2016-02-16) | Albert Benhaim |
| 2016-02-12 | Certificate of counsel (attesting to record), (Letter Form), Missing electonic version, (Electronic version filed on 2016-02-16) | Albert Benhaim |
| 2016-02-12 | Appellant's record, (Book Form), (7 volumes), Completed on: 2016-02-17, (Electronic version filed on 2016-02-16) | Albert Benhaim |
| 2016-02-12 | Appellant's factum, (Book Form), Completed on: 2016-02-18, (Electronic version filed on 2016-02-16) | Albert Benhaim |
| 2016-02-12 | Notice of hearing sent to parties | |
| 2016-02-10 |
Appeal hearing scheduled, 2016-04-28, (previously scheduled for a tentative date of April 20, 2016) Judgment reserved |
|
| 2015-11-20 | Notice of appeal, Completed on: 2015-11-20 | Albert Benhaim |
| 2015-11-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
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 of Quebec (Montréal), Number 500-09-022070-114, 2014 QCCA 2207, dated December 5, 2014 and rectified December 12, 2014, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2015-05-19 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-03-09 | Applicant's reply to respondent's argument, (Book Form), Original filed March 10, 2015, Completed on: 2015-03-09 | Albert Benhaim |
| 2015-02-27 | Certificate (on limitations to public access) | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2015-02-27 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-02-27 | Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond |
| 2015-02-05 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED FEBRUARY 5 2015 | |
| 2015-02-03 | Certificate (on limitations to public access) | Albert Benhaim |
| 2015-02-03 | Application for leave to appeal, (Book Form), 3 volumes. Amended Notice of Application filed Feb.6/2015 - error in file number should read - 500-09-022070-114, Completed on: 2015-02-03 | Albert Benhaim |
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 |
|---|---|---|
| Benhaim, Albert | Appellant | Active |
| O'Donovan, Michael | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond | Respondent | Active |
Counsel
Party: Benhaim, Albert
Counsel
Élisabeth Brousseau
1000, rue de La Gauchetière Ouest, #2500
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4245
FAX: (514) 875-6246
Email: deplatts@mccarthy.ca
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616 Ext: 7224
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: O'Donovan, Michael
Counsel
Élisabeth Brousseau
1000, rue de La Gauchetière Ouest, #2500
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4245
FAX: (514) 875-6246
Email: deplatts@mccarthy.ca
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616 Ext: 7224
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: Cathie St-Germain, personally and in her capacity as tutor to her minor son, whose name is being kept confidential, and in her capacity as universal legatee of the late Marc Émond
Counsel
Stuart Kugler
1, Place Ville-Marie
bureau 2101
Montréal, Quebec
H3B 2C6
Telephone: (514) 878-2861
FAX: (514) 875-8424
Email: gkugler@kugler-kandestin.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.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.
PUBLICATION BAN IN CASE)
Civil liability - Medical malpractice - Causation - Evidence - Presumptions - Negative inference - Absence of direct evidence enabling complainants to prove causation because of fault of physicians - Should the trial judge’s factual conclusion that there was no causation stand? - Whether the decision to draw an inference or not is a question of fact or of law? - Whether the Court of Appeal improperly intervened?
Cathie St Germain brought a medical malpractice suit, in her own name and in her capacity as universal legatee and as tutor to her minor son, against the attending physician and the radiologist of her spouse, Marc Émond, who had died of lung cancer in 2008 at the age of 47. She argued that the applicants had failed to detect and investigate the presence of a nodule on her spouse’s right lung, which had appeared as a shadow on a lung X ray taken by chance in November 2005, and had failed to propose a course of action that would have allowed for early diagnosis and full recovery. She claimed a total of $3,780,000 in damages. In their defence, the applicants argued that a diagnosis in November 2005 would not have allowed Mr. Émond to recover because the cancer was already at an advanced stage.
The Superior Court held that the physicians were at fault in this case but that causation had not been proved. The Court of Appeal set aside the decision.
Lower court rulings
Superior Court of Quebec
500-17-042343-080
Medical malpractice suit allowed in part: $70,000 awarded for injury caused
Court of Appeal of Quebec (Montréal)
2014 QCCA 2207, 500-09-022070-114
Appeal allowed in part
Court of Appeal of Quebec (Montréal)
2014 QCCA 2207, 500-09-022070-114
Appeal allowed in part
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.
Downloadable PDFs
Not available
Related links
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.
Downloadable PDFs
Not available