Court File and Parties

Citation: Fern McGee v. Dr. Christiane Farazli, 2022 ONSC 6502

Divisional Court File No.: 353/22 - ML

Date: 2022-12-02

Superior Court of Justice – Ontario

Divisional Court

Re: Fern McGee, Plaintiff (Responding Party)

And: Dr. Christiane Farazli and C. Farazli Medicine Professional Corporation, Defendants (Moving Parties)

Before: Backhouse, Matheson, and Ryan Bell JJ.

Counsel: Evatt Merchant, KC, for the Plaintiff (Responding Party) Josh Hanet and James Aston, for the Defendants (Moving Parties)

Heard: in writing

Endorsement

[1] The motion for leave to appeal the order of RSJ MacLeod dated July 12, 2022, is granted on the following issues:

(i) whether the motion judge erred by certifying liability for increased risk as a common issue;

(ii) whether the motion judge erred by certifying issues relating to causation and damages having regard for the role of a workable methodology for determining those issues on a class-wide basis;

(iii) whether, if causation, damage or risk should not have been certified as common issues, a class proceeding remains the preferrable procedure; and,

(iv) whether the motion judge erred by certifying a family class of plaintiffs.

[2] Costs of this motion are fixed at $5,000, all inclusive, and are reserved to the panel hearing the appeal.

[3] The parties shall request a case conference to discuss an expedited schedule for this appeal.

Backhouse J.

Matheson J.

Ryan Bell J.

Released: December 2, 2022