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    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.



    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


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    Cases Spasic Spoliation

      SUPREME COURT
    OF CANADA
    BULLETIN OF
    PROCEEDINGS    		 COUR SUPRÊME
    DU CANADA
    BULLETIN DES
    PROCÉDURES    		  
    CORAM: Gonthier, Major and Binnie JJ.
    The applications for leave to appeal are dismissed with costs.
    Les demandes d’autorisation d’appel sont rejetées avec dépens.

    NATURE OF THE CASE
    Procedural Law – Civil Procedure – Motion to strike pleadings – Torts – Spoliation – Action against tobacco manufacturers for general, aggravated, exemplary and punitive damages for lung cancer caused to Respondent – Whether spoliation of evidence constitutes a cause of action – Whether it is plain and obvious that there is no cause of action in Canada for the intentional spoliation of evidence – Whether there is a conflict between British Columbia and Ontario appellate courts
    PROCEDURAL HISTORY
    November 25, 1998
    Ontario Court (General Division)
    (Cameron J.)    		 Order striking out clauses from the Respondent’s Statement of Claim as disclosing no cause of action
    July 21, 2000
    Court of Appeal for Ontario
    (Borins, MacPherson, Sharpe JJ.A.)    		 Respondent’s appeal allowed and order of Cameron J. varied; cross-appeals dismissed with costs to the Respondent
    September 29, 2000
    Supreme Court of Canada    		 Application for leave to appeal filed
    September 29, 2000
    Supreme Court of Canada    		 Application for leave to appeal filed
    Extracted from: Supreme Court of Canada Press Release of March 23, 2001.

      If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
      You pay us nothing unless we win.



      A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

      The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


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