CIVIL PROCEDURE - Pleadings - Failure to disclose a cause of action or defence

Law360 Canada ( November 28, 2025, 4:19 PM EST) -- Appeal by Ms. McKee from motion judge’s order dismissing negligence claim. Bradley McKee stabbed his father, William McKee, to death. At the time of the stabbing, Bradley was 27 years old and had a long history of serious addiction and mental health issues. Ms. McKee was Bradley’s mother and William’s wife. She brought an action in negligence against two of Bradley’s psychiatrists, Dr. Lorberg and Dr. Shahid (collectively the respondents). Dr. Lorberg was Bradley’s primary treating psychiatrist at the time Bradley killed his father. Dr. Shahid discharged Bradley from Waypoint Centre for Mental Health Care (Waypoint) two months before William’s death. The claim alleged that the respondents were negligent in treating Bradley and that they were negligent in failing to warn Ms. McKee and William that Bradley posed a danger to them. The motion judge granted the respondents’ motion to strike the claim without leave to amend. On appeal, Ms. McKee argued that the motion judge erred in finding that this was not an established duty of care. Alternatively, Ms. McKee submitted that the motion judge erred in his Anns/Cooper analysis, particularly in finding there to be a conflict between the duty of care the respondents owed to Bradley and the proposed duty they owed to his parents....
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