Sibi05ig SUPREME courT OF BRITIS VANCOUVER Got BIA NOV 24 2015 NO. VANCOUVER REGISTRY Bide SUPREME COURT OF BRITISH COLUMBIA BETWEEN: ONKARBIR SINGH TOOR by his representative RASPAL KAUR TOOR PETITIONER AND: PROVIDENCE HEALTH CARE SOCIETY RESPONDENT. PETITION TO THE COURT 1619755 ISN 200.00 ON NOTICE TO: s4novis Providence Health Care Society A422 $1610548 ‘This proceeding is brought for the relief set out in Part 1 below, by E__ the person named as Petitioner in the style of proceedings above If you intend to respond to this Petition, you or your lawyer must (@) file a Response to Petition in Form 67 in the above-named registry of this court within the time for Response to Petition described below, and (b) serve on the Petitioners (i) 2 copies of the filed Response to Petition; and di) Orders, including orders granting the relief claimed, may be made against you, without any further notice to you, if you fail to file the Response to Petition within the time for response. 2 copies of each filed affidavit on which you intend to rely at the hearing. 27004 110951 MS 191045611‘Time for Response to Petition A Response to Petition must be filed and served on the Petitioner, (a) _ if you were served with the Pet service, ion anywhere in Canada, within 21 days after that (b) if you were served with the Petition anywhere in the United States of America, within 35 days after that service (c) if you were served with the Petition anywhere else, within 49 days after that service, or (d)__ ifthe time for Response has been set by order of the court, within that time. ‘The address of the Registry is 800 Smithe Street, Vancouver, British Columbia. The ADDRESS FOR SERVICE of the Petitioner is c/o Lawson Lundell LLP, 1600 — 925 West Georgia Street, Vancouver, British Columbia V6C 31.2. Fax number for delivery is: (604) 669-1620. The name and office address of the Petitioner’s solicitor is: Lawson Lundell LLP, 1600 - 925 West Georgia Street, Vancouver, British Columbia, V6C 3L2 (Attention: Mark Fancourt- Smith). CLAIM OF PETITIONER Part ORDERS SOUGHT 1. A declaration that Providence Health Care does not have the authority to reduce, withdraw or cease providing health care, including but not limited to life sustaining care to Onkarbir Singh Toor without his consent, or that of his substitute decision maker; 2. An interlocutory and permanent injunction restraining Providence Health Care, its physicians, employees and staff from discontinuing or reducing the health care being provided to Onkarbir Singh Toor; and 3. Costs. Part 2: FACTUAL BASIS 4. Onkarbir Singh Toor, born January 12, 1982 (the “Patient”), is currently receiving life supporting treatment at St, Paul's Hospital (the “Hospital”). ‘The Petitioner is the Patient's wife and substitute decision maker. The Hospital has advised the Petitioner that it intends to discontinue life supporting treatment of the Patient, without the consent and over the objections of the Petitioner unless she obtains an injunction by 4:00pm on November 14, 2016 directing them to continue treatment. 27904. 110951 MF tot84501.1 | i } ft5. The Patient suffered cardiac arrest on November 11, 2016 while at home. The Patient's father and brother, who are both medical doctors, immediately started administering CPR to the Patient and CPR was continued during the Patient's transfer to St. Paul’s hospital by ambulance. 6. _ Upon arrival at St. Paul's Hospital, the Patient was placed on life supporting ECMO machine and ventilator. 7. After some treatment, the Patient’s heart and kidney regained normal function, 8. ACT scan of the Patient's brain was conducted within hours of his admission to the Hospital (the “Initial CT Scan”) and the results were normal. 9. On the day of the Patient’s admission to the Hospital, he was given a dose of aripiprazole, aneuroleptic drug, by error. Aripiprazole is a known central nervous system depressant and is, contraindicated in comatose patients. 10. Approximately 24 hours at the Patient had been admitted to the Hospital, a second CT scan of the Patient’s brain was conducted (the “Second CT Scan”) and the results showed diff cerebral edema (the accumulation of fluid in the brain). 11. Based on the finding of the Second CT Scan, physicians at the Hospital declared the Patient to be clinically brain dead 12, The Petitioner and the Patient’s immediate family subsequently consulted with a radiologist at Abbotsford Hospital, Dr. Amarjit Bajwa (“Dr. Bajwa”). Dr, Bajwa reviewed the Second CT Scan and — while agreeing that it showed signs of cerebral edema — was unable to identify any cerebral necrosis. 13. _ In light of Dr. Bajwa’s review of the Second CT Scan, the Petitioner requested further investigations to confirm the brain death including a EEG and MRI. 14, Initially, the treating physicians at the Hospital agreed to the Petitioner’s request that they further investigate the Patient's brain activity prior to discontinuing life supporting treatment, including an EEG. However, the physicians later refused to do take further steps to investigate the Patient’s brain activity. 15. According to medical information available to the Petitioner and the Patient’s family: (@)__ brain swelling usually peaks around day 5 to 7 and then slowly starts coming down; and (b) _ the Patient’s coma may have been deepened by the drug aripiprazole and recovery could be possible once the drug is metabolized; 16. Given his young age, good health prior to the cardiac arrest, and the extremely short time under which he has been in the Respondent's care, it is reasonable to give him a chance to recover. 27404.110051 MES s9104561.417. The proposed cessation of treatment is contrary to the instructions of the Petitioner and, to the best of her knowledge, contrary to the wishes of her husband. She and Onkarbir’s, immediate family have made it clear that they do not consent to the lessening or cessation of treatment for Onkarbir. Part 3: LEGAL BASIS 1. Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, ¢. 181 2. Health Care Consent Regulation, B.C. Reg. 20/2000 3. Law and Equity Act, R.S.B.C. 1996, ¢. 253 Part 4: MATERIAL TO BE RELIED ON 1. Affidavit of Dalvinder Singh Toor, sworn November 14, 2016. 2. Affidavit of Raspal Kaur Toor, sworn November 14, 2016. 3. Such further and other materials as counsel may advise and this Honourable Court may permit. The Petitioner estimates that the hearing of the Petition will take 1 day. . Dated at the City of Vancouver, in the Province of British Columbia, this 14th day of November, 2016. Lawson Lundell LLP pe- Wook Art Solicitors for the Petitioner 5 This Petition to the Court is filed by Mark Fancourt-Smith, of the law firm of Lawson Lundell LLP, whose place of business and address for delivery is 1600 — 925 West Georgia Street, Vancouver, British Columbia V6C 312, 27406-11005: MFS.12184561.1To be completed by the court only: Order made (__ inthe terms requested in paragraphs of Part | of this Petition (C1 ___ with the following variations and additional terms: Date: (tudge (Master 27004 10081 FS 13184881.1NO. VANCOUVER REGISTRY. IN THE SUPREME COURT OF BRITISH COLUMBIA. BETWEEN: ONKARBIR SINGH TOOR by his representati RASPAL KAUR TOOR AND: PROVIDENCE HEALTH CARE SOCIETY RESPONDENT PETITION TO THE COURT LAWSON LUNDELE Barristers & Solicitors 1600 Cathedral Place 925 West Georgia Street ‘Vancouver, British Columbia V6C 312 Phone: (604) 685-3456 Attention; Mark Fancourt-Smith MFS/ntl ur 425.1mp asro180.1 2704110954 MFS. 19184501 1