Bentley v. Leonard et al., (1997) 40 O.T.C. 130 (GD)

• Judge: Eberhard, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: August 05, 1997
• Jurisdiction: Ontario
• Citations: (1997), 40 O.T.C. 130 (GD)

Bentley v. Leonard (1997), 40 O.T.C. 130 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. SE.002

Mary Bentley (plaintiff) v. Kathy Leonard, Pam Bates, Rita Laverdiere, Joyce Johns, Elizabeth Biddiscombe, Gillian Wilson, Susan Jessop, Brenda Brett, Susan Reichenbacher, Jill Stuart, Barb Pollard, Fredda French, Joyce Surgenor, Marilyn Smith and Royal Victoria Hospital (defendants)

(No. G14241/94)

Indexed As: Bentley v. Leonard et al.

Ontario Court of Justice

General Division

Barrie

Eberhard, J.

August 11, 1997.

Summary:

A nurse received a letter signed by her co-workers, the nursing director and the nursing unit manager. The letter recorded the negative or positive responses of her co-workers to questions of her competence (there was no indication of how the individual co-workers responded). The nurse sued the hospital, the nursing director, the unit manager and her co-workers (the defendants) for defamation and infliction of nervous shock. The defendants applied to dismiss the action for lack of jurisdiction (Civil Procedure Rule 21.01(3)(a)) or abuse of process (Civil Procedure Rule 21.01(3)(d)).

The Ontario Court (General Division) dismissed the application.

Labour Law - Topic 9655

Public service labour relations - Collective agreement - Civil action - Jurisdiction - See paragraphs 4 to 17.

Practice - Topic 5359.1

Dismissal of action - Grounds - General and want of prosecution - Lack of jurisdiction - See paragraphs 4 to 17.

Practice - Topic 5361

Dismissal of action - Grounds - General and want of prosecution - Abuse of legal process - See paragraphs 2, 3.

Practice - Topic 5383

Dismissal of action - Application or motion for dismissal - Notice - See paragraphs 2, 3.

Cases Noticed:

Weber v. Ontario Hydro, [1995] 2 S.C.R. 929; 183 N.R. 241; 82 O.A.C. 321; 12 C.C.E.L.(2d) 1, consd. [para. 4, footnote 1].

Ontario Hydro v. Canadian Union of Public Employees, Local 1000 (1990), 16 L.A.C.(4th) 264 (Ont.), refd to. [para. 14, footnote 8].

Counsel:

James Vigmond, for the plaintiff/respondent;

D. Guidolin, for the defendant/applicant.

This application was heard on August 5, 1997, at Barrie, Ontario, before Eberhard, J., of the Ontario Court (General Division), who delivered the following judgment on August 11, 1997.