Cook v. Washuta, (1985) 11 O.A.C. 171 (CA)

• Judge: Blair, Cory and Tarnopolsky, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: November 01, 1985
• Jurisdiction: Ontario
• Citations: (1985), 11 O.A.C. 171 (CA)

Cook v. Washuta (1985), 11 O.A.C. 171 (CA)

MLB headnote and full text

Cook v. Washuta

Indexed As: Cook v. Washuta

Ontario Court of Appeal

Blair, Cory and Tarnopolsky, JJ.A.

November 1, 1985.

Summary:

A defendant in a civil action applied for the production by OHIP (a non-party) of diagnostic cards of treating physicians of the plaintiff. A master denied the defendant access to the diagnostic cards. The defendant appealed.

The issue was referred to the Court of Appeal pursuant to s. 34 of the Judicature Act.

The Ontario Court of Appeal allowed the appeal and held that OHIP was required to produce the diagnostic cards.

Practice - Topic 4606

Discovery - Production of records by non-parties - Doctor and hospital records - A defendant in a civil action applied under Rule 349 for an order for production by OHIP (a non-party) of diagnostic cards of treating physicians of the plaintiff - The Ontario Court of Appeal held that OHIP was required to produce the diagnostic cards so that justice can be done between the parties - The court stated that s. 44 of the Health Insurance Act did not oust the inherent jurisdiction of the court to have before it all relevant material to enable it to reach a just conclusion - See paragraph 28.

Courts - Topic 7425

Provincial courts - Ontario, Supreme Court, inherent jurisdiction - The Ontario Court of Appeal stated that the jurisdiction of the Ontario Supreme Court "is unlimited and unrestricted in substantive law in civil matters" - See paragraph 17.

Cases Noticed:

Zdravkovic v. Paszano (1984), 2 O.A.C. 293; 45 O.R.(2d) 550, not folld. [para. 10].

Kampus et al. v. Bridgeford et al. (1981), 24 C.P.C. 122, folld. [para. 10].

R. v. Snider, [1954] S.C.R. 479, refd to. [para. 14].

Glover v. Glover et al. (No. 1) (1980), 29 O.R.(2d) 392, refd to. [para. 16].

80 Wellesley St. East Ltd. v. Fundy Bay Builders Ltd. et al., [1972] 2 O.R. 280, refd to. [para. 17].

Statutes Noticed:

Health Insurance Act, R.S.O. 1980, c. 197, sect. 35 [para. 24]; sect. 36 [para. 25]; sect. 44 [para. 9].

Rules of Practice (Ont.), rule 349.

Counsel:

D.G. Leitch, for the respondent, Cook;

P.G. Samworth, for the appellant;

Janet E. Minor, for the Attorney General.

This appeal was heard by Blair, Cory and Tarnopolsky, JJ.A., of the Ontario Court of Appeal on September 19 and 20, 1985.

The decision of the Court of Appeal was delivered by Cory, J.A., and was released on November 1, 1985.