Ferenczy v. MCI Medical Clinics, (2005) 198 O.A.C. 254 (CA)

• Judge: Cronk, Gillese and Armstrong, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: May 20, 2005
• Jurisdiction: Ontario
• Citations: (2005), 198 O.A.C. 254 (CA)

Ferenczy v. MCI Medical Clinics (2005), 198 O.A.C. 254 (CA)

MLB headnote and full text

Temp. Cite: [2005] O.A.C. TBEd. MY.090

Denise Ferenczy (plaintiff/appellant) v. MCI Medical Clinics and Dr. Gary Weinstein (defendants/respondent)

(C41573)

Indexed As: Ferenczy v. MCI Medical Clinics et al.

Ontario Court of Appeal

Cronk, Gillese and Armstrong, JJ.A.

May 26, 2005.

Summary:

The plaintiff sued, inter alia, a doctor for malpractice. A jury dismissed the plaintiff's claims and the trial judge dismissed the action. The plaintiff appealed.

The Ontario Court of Appeal dismissed the appeal.

Practice - Topic 5192.1

Juries and jury trials - Charge to jury - Giving copy of charge to jury - A plaintiff's counsel asked the trial judge, before he charged the jury, whether he intended to give the jury a copy of his charge - The trial judge indicated that it was unlikely - The matter was not pursued - The Ontario Court of Appeal held that the trial judge did not err - Indeed, the plaintiff conceded that failing to give a copy of the charge to the jury was not a reviewable error - Although there was an emerging practice of giving the jury a copy of the charge, there was no positive obligation on a trial judge to do so - See paragraph 10.

Cases Noticed:

McCannell v. McLean, [1937] S.C.R. 341, refd to. [para. 5].

Neuzen v. Korn, [1995] 3 S.C.R. 674; 188 N.R. 161; 64 B.C.A.C. 241; 105 W.A.C. 241, refd to. [para. 12].

ter Neuzen v. Korn - see Neuzen v. Korn.

Counsel:

John W. Bruggeman, for the appellant;

William D. Black and Michally Iny, for the respondent.

This appeal was heard on May 20, 2005, before Cronk, Gillese and Armstrong, JJ.A., of the Ontario Court of Appeal, who released the following endorsement on May 26, 2005.