Kenyeres et al. v. Cullimore and Greater Niagara General Hospital, (1991) 44 O.A.C. 318 (CA)

• Judge: Brooke, Goodman and Tarnopolsky, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: April 12, 1991
• Jurisdiction: Ontario
• Citations: (1991), 44 O.A.C. 318 (CA)

Kenyeres v. Cullimore (1991), 44 O.A.C. 318 (CA)

MLB headnote and full text

Ryan Kenyeres, by his litigation guardian Barbara Kenyeres, Barbara Kenyeres, Charles Kenyeres and Brandon Kenyeres, by his litigation guardian Barbara Kenyeres, Roy Dear, Jean Dear, Jeanette Kenyeres and Frank Kenyeres (plaintiffs/respondents) v. Dora Cullimore and The Greater Niagara General Hospital (defendants/appellants)

(No. 152/91)

Indexed As: Kenyeres et al. v. Cullimore and Greater Niagara General Hospital

Ontario Court of Appeal

Brooke, Goodman and Tarnopolsky, JJ.A.

April 12, 1991.

Summary:

An infant sued a pediatrician for malpractice. A Master refused to order the pediatrician to produce all documents relating to the investigation and disciplinary hearing into the matter by the College of Physicians and Surgeons. The Ontario Supreme Court affirmed the decision. The infant appealed.

The Ontario Divisional Court, in a judgment not reported in this series of reports, allowed the appeal and ordered production of all documents. The pediatrician appealed. On appeal the infant no longer sought production of documents respecting the investigation.

The Ontario Court of Appeal allowed the appeal in part. The court ordered that all relevant portions of the disciplinary hearing transcript be produced.

Medicine - Topic 2170

Discipline for professional misconduct - Practice - Production of hearing transcript in civil action - An infant sued a pediatrician for malpractice respecting certain care and treatment - The pediatrician was subjected to disciplinary proceedings respecting the same matter - The Ontario Court of Appeal affirmed that those portions of the disciplinary hearing transcript relevant to the civil action were to be produced by the pediatrician - The Health Disciplines Act did not preclude production.

Practice - Topic 4589

Discovery - Documents - What documents must be produced - Disciplinary hearing transcript - [See Medicine - Topic 2170].

Cases Noticed:

Wilson v. College of Physicians and Surgeons (1981), 24 C.P.C. 52 (Ont. Div. Ct.), refd to. [para. 6].

Yuz, Re (1986), 17 O.A.C. 228; 57 O.R.(2d) 106 (C.A.), refd to. [para. 6].

Cook v. Washuta (1985), 11 O.A.C. 171; 52 O.R.(2d) 289 (C.A.), refd to. [para. 6].

Statutes Noticed:

Health Disciplines Act, S.O. 1983, c. 59, sect. 12(5) [para. 7].

Counsel:

Michael J. Winward, for the plaintiffs;

L.T. Forbes, for the defendant, Dora Cullimore;

Daphne G. Jarvis, for the defendant, Greater Niagara General Hospital.

This appeal was heard on March 27, 1991, before Brooke, Goodman and Tarnopolsky, JJ.A., of the Ontario Court of Appeal.

The judgment of the Court of Appeal was delivered by Brooke, J.A., and released on April 12, 1991.