Miramichi Pathology Misdiagnosis

Court Proceedings

The New Brunswick Court of Appeal has released its decision with respect to the Defendants' Motions for Leave to Appeal the decision of The Honourable Justice Jean-Paul Ouellette dated April 13, 2010. The Motions were denied. The decision is available for viewing in PDF format:

June 20, 2010 - Decision

The Defendants have filed Motions for Leave to Appeal the decision of  The Honourable Justice Jean-Paul Ouellette dated April 13, 2010. Documents pertaining to the Motions are available for viewing in PDF format:

May 11, 2010 - Respondents' Brief

April 20, 2010 - Leave to Appeal

The Honourable Justice Jean-Paul Ouellette's decision with respect to the Defendants' motions heard on February 25 and 26, 2010 has been released. Except for the removal of one paragraph from the Plaintiffs' Statement of Claim, all motions filed by the Defendants have been denied. The decision is available for viewing in PDF format:

April 13, 2010 - Decision

The Plaintiffs and the Defendants have filed their Briefs with respect to the Defendants' motions scheduled to be heard on February 25 and 26, 2010. The Briefs are available for viewing in PDF format:

February 8, 2010 - Pre-Motion Brief Plaintiffs

February 1, 2010 - Pre-Motion Brief RHA7

January 29, 2010 - Pre-Motion Brief Menon

On January 7, 2010, the Defendants filed their Notices of Motion with respect to pre-certification issues. The motion documents filed by the Defendants are available for viewing in PDF format:

January 7, 2010 - Affidavit of Gary Foley

January 7, 2010 - Affidavit of Catherine Fawcett

January 7, 2010 - Notice of Motion RHA7

January 7, 2010 - Notice of Motion Menon

On November 20, 2009, a new Notice of Motion, with supporting documents, to certify the proceeding as a class action were sent to the Court of Queen's Bench of New Brunswick, Miramichi Judicial District. The motion documents filed by the Plaintiffs are available for viewing in PDF format:

November 20, 2009 - Draft Order

November 20, 2009 - Litigation Plan

November 20, 2009 - Affidavit of Dr. Charles Hutton

November 20, 2009 - Supplemental Affidavit of Michael Dull

November 20, 2009 - Notice of Motion

An Order of the Honourable Justice Jean-Paul Ouellette was filed on October 13, 2009, granting the Plaintiffs the right to file the Amended Notice of Action and Statement of Claim. The Order is available for viewing in PDF format:

October 13, 2009 - Order

On October 7, 2009, an Amended Notice of Action and Statement of Claim was filed in the Court of Queen's Bench of New Brunswick, Miramichi Judicial District. The amended action has been filed to include two further individuals as representative plaintiffs and also adds Dr. Menon as a Defendant to the lawsuit. The Amended Notice of Action is available for viewing in PDF format:

October 7, 2009 - Amended Statement of Claim

Counsel for the Defendants, RHA7 and Dr. Rajgopal Menon have filed their respective Notice of Intent to Defend with respect to the new claim filed on May 19, 2009. The Notices are available for viewing in PDF format:

June 19, 2009 - Notice of Intent to Defend Menon

June 16, 2009 - Notice of Intent to Defend RHA7

On May 19, 2009, a new Notice of Action and Statement of Claim was filed in the Court of Queen's Bench of New Brunswick, Miramichi Judicial District. The new action has been filed to include two further individuals as representative plaintiffs and also adds Dr. Menon as a Defendant to the lawsuit. The Notice of Action is available for viewing in PDF format:

May 19, 2009 - Statement of Claim

On April 17, 2009, The Honourable Justice Ouellette released his decision with respect to the Plaintiff's motion to stay the intended motion of the Defendant Regional Health Authority 7 to add Dr. Menon as a party to the proceeding. Justice Ouellette accepted our position and ordered that the Defendant will not be able to proceed with any motion to add Dr. Menon until after our motion to certify the proceeding as a class action. The decision is available for viewing in PDF format:

April 17, 2009 - Decision staying Motion to add Dr. Menon

On March 31, 2009, the Regional Health Authority (formerly RHA7) filed its own class proceeding which named Dr. Rajgopal Menon as a Defendant. The Notice of Action filed by the Defendant is available for viewing in PDF format:

March 31, 2009 - Statement of Claim of RHA B

On February 9, 2009, the Plaintiff's motion to stay the intended motion of the Defendant Regional Health Authority 7 to add Dr. Menon as a party to the proceeding was heard before the Honourable Justice Ouellette. Justice Ouellette reserved his decision on the issue. When the decision is released, it will be posted here for viewing. The motion documents filed by the Plaintiff are available for viewing in PDF format:

February 2, 2009 - Draft Order

February 2, 2009 - Pre-Motion Brief

February 2, 2009 - Affidavit of Michael Dull

February 2, 2009 - Notice of Motion

On December 4, 2008, the Notice of Motion, and supporting documents, to certify the proceeding as a class action were sent to the Court of Queen's Bench of New Brunswick, Miramichi Judicial District. The motion documents filed by the Plaintiff are available for viewing in PDF format:

December 4, 2008 - Affidavit of Michael Dull

December 4, 2008 - Notice of Motion

On August 29, 2008, the Defendant Regional Health Authority 7 filed a motion to add Dr. Rajgopal Menon as a party to the proceeding. The motion documents filed by the Defendant are available for viewing in PDF format:

January 14, 2009 - Supplementary Affidavit of Gary Foley

August 29, 2008 - Affidavit of Gary Foley

August 29, 2008 - Notice of Motion

On August 28, 2008, the Statement of Defence on behalf of Regional Health Authority 7 was filed. The Defence is available for viewing for viewing in PDF format:

August 28, 2008 - Defence of RHA7

On Tuesday, July 22, 2008, the Notice of Action and Statement of Claim was filed in the Court of Queen's Bench of New Brunswick, Miramichi Judicial District, on behalf of all persons affected by the Regional Health Authority 7 pathology issue. The Notice of Action is available for viewing in PDF format:

July 22, 2008 - Statement of Claim