Coady v. Eastern Regional Integrated Health Authority et al., (2012) 328 Nfld. & P.E.I.R. 249 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: September 13, 2012
• Jurisdiction: Newfoundland and Labrador
• Citations: (2012), 328 Nfld. & P.E.I.R. 249 (NLTD(G))

Coady v. Health Authority (2012), 328 Nfld. & P.E.I.R. 249 (NLTD(G));

    1019 A.P.R. 249

MLB headnote and full text

Temp. Cite: [2012] Nfld. & P.E.I.R. TBEd. OC.060

Gordon Joseph Coady, a mentally disabled person, by his guardian ad litem Ian Coady (plaintiff) v. Eastern Regional Integrated Health Authority (first defendant), Dr. Robert Walter Parsons (second defendant), Dr. Petrus Marthinus Oosthuyse (third defendant), Dr. Mohamed Ighema (fourth defendant), Dr. Steven Combden (fifth defendant), Dr. William Bertram Moulton (sixth defendant), Dr. Paul Mendonca (seventh defendant), Dr. Geoffrey Bailey (eighth defendant) and Dr. Stephen John Austin (ninth defendant)

(200706T0068; 2012 NLTD(G) 147)

Indexed As: Coady v. Eastern Regional Integrated Health Authority et al.

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

October 12, 2012.

Summary:

On May 18, 2007, the plaintiff commenced an action, asserting that between May 20 and May 30, 2005, while he was under the care of the defendant hospital and five doctors, he suffered serious injuries caused by the defendants. On January 31, 2012, the plaintiff applied successfully to add three other doctors as defendants. Those three doctors applied to be removed as defendants.

The Newfoundland and Labrador Supreme Court, Trial Division (General), allowed the application.

Practice - Topic 605

Parties - Adding or substituting parties - General principles - Application of limitation periods - On May 18, 2007, the plaintiff commenced an action, asserting that between May 20 and May 30, 2005, while he was under the care of the defendant hospital and five doctors, he suffered serious injuries caused by the defendants - On January 31, 2012, the plaintiff applied successfully to add three other doctors as defendants - Those three doctors (the applicants) applied to be removed as defendants - The Newfoundland and Labrador Supreme Court, Trial Division (General), allowed the application - The applicants were not "proper or necessary" parties within the meaning of rule 7.04(2)(a) - The plaintiff did not allege any new occurrences of negligence or breaches of contract when he amended his statement of claim to add the applicants - He was simply acting out of an abundance of caution or for the sake of completeness - He did not show how anything that the applicants did or failed to do was critical to the outcome of his action against the original defendants - When he sued, the plaintiff was fully aware that the applicants were involved in his care, but he chose not to join them - To add them now would be unfair as it would take away the protection available to them under the Limitations Act - See paragraphs 28 to 45.

Practice - Topic 630

Parties - Adding or substituting parties - Necessary parties - General - [See Practice - Topic 605 ].

Practice - Topic 665

Parties - Adding or substituting parties - Adding or substituting defendants - Considerations - [See Practice - Topic 605 ].

Practice - Topic 673

Parties - Adding or substituting parties - Adding or substituting defendants - Circumstances when denied - [See Practice - Topic 605 ].

Practice - Topic 864

Parties - Striking out parties - Party not necessary and proper - [See Practice - Topic 605 ].

Cases Noticed:

Vardy v. Dufour et al. (2008), 275 Nfld. & P.E.I.R. 247; 842 A.P.R. 247; 53 C.P.C.(6th) 211; 2008 CarswellNfld 108; 2008 NLCA 22, appld. [para. 8, footnote 4].

10475 Newfoundland Ltd. et al. v. Houston (2012), 323 Nfld. & P.E.I.R. 1; 1004 A.P.R. 1; 217 A.C.W.S.(3d) 46; 2012 CarswellNfld 197; 2012 NLCA 34, refd to. [para. 8, footnote 4].

Tucker v. Unknown Person (2012), 327 Nfld. & P.E.I.R. 240; 1015 A.P.R. 240; 2012 CarswellNfld 318; 2012 NLTD(G) 132, refd to. [para. 8, footnote 4].

Amon v. Raphael Tuck & Sons Ltd., [1956] 1 Q.B. 357, [1956] 1 All E.R. 273, refd to. [para. 44, footnote 25].

Counsel:

Donald A. MacBeath, Q.C., for the plaintiff;

Janet Grant, for Mr. Boone, on behalf of the first defendant;

Paul R. Stokes, Q.C., for the first, second, third, fourth, fifth and sixth defendants;

Rosellen Sullivan, for the seventh, eighth and ninth defendants.

This application was heard at Grand Bank, N.L., on September 13, 2012, by Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment on October 12, 2012.