Court File and Parties

CITATION: Stewart v. Demme et al., 2021 ONSC 6057

DIVISIONAL COURT FILE NOS.: 33/20; 41/20

DATE: 20210917

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: PENNY STEWART, Plaintiff (Respondent)

AND:

catharina demme and william osler health system, Defendants (Moving Parties)

BEFORE: Matheson, Favreau, O’Bonsawin, JJ.

COUNSEL: Christopher Du Vernet, for the Plaintiff Michael Burgar, for the Defendant Catharina Demme Patrick J. Hawkins and Daniel Girlando, for the Defendant William Osler Health System

HEARD at Toronto: In writing.

ENDORSEMENT

[1] Each defendant has brought a motion for leave to appeal the order of Morgan J. dated January 6, 2020. That order addressed a number of motions.

[2] The motions for leave to appeal are granted with respect to the Rule 20 motions and, on the certification motion, with respect to s. 5(1)(a) of the Class Proceedings Act, 1992.

[3] Costs of each leave motion are fixed at $2,500, to the successful party on the appeal.

[4] The parties shall contact the Divisional Court office within the next two weeks to set a schedule for the appeal.

Matheson J.

Favreau J.

O’Bonsawin J.

Date: September 17, 2021