Representing victims of medical malpractice across Ontario

McKee v. Shahid – Court of Appeal Leaves Open Potential Duty of Care to Non-Patient in Psychiatric Negligence Case Involving Homicide of Family Member

Exterior of Osgoode Hall

On February 11, 2019, Bradley McKee stabbed his father, William McKee, to death. At the time of the stabbing, Bradley was 27 years old; he had a long history of serious addiction and mental health issues.

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 claim specifically alleged that the respondents breached the standard of care through a series of acts and omissions, including that “[t]hey discharged Bradley from long-term psychiatric care when it was contraindicated”, “[t]hey failed to adequately assess the risk posed by Bradley or warn of that risk”, “[t]hey failed to exercise reasonable care to warn and protect third parties regarding the risk posed by Bradley”, and “[t]hey failed to use all due care and skill throughout their treatment of Bradley”.
 
 

In this case, the motion judge stated that a duty of care owed to Bradley’s parents would place the respondents in an impossible conflict of interest. In the Court of Appeal’s view, this was a speculative conclusion, particularly in the context of a motion to strike.

 
 

Decision Date: September 25, 2025

Jurisdiction: Court of Appeal for Ontario

Citation: McKee v. Shahid, 2025 ONCA 666

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