Lawson v. Toronto Hospital Corp. et al., (1991) 52 O.A.C. 186 (DC)

• Judge: Davidson, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 19, 1991
• Jurisdiction: Ontario
• Citations: (1991), 52 O.A.C. 186 (DC)

Lawson v. Toronto Hospital Corp. (1991), 52 O.A.C. 186 (DC)

MLB headnote and full text

Victor G. Lawson (applicant) v. Toronto Hospital Corporation, Patrick J. Gullane, Alan R. Hudson and W. Vickery Stoughton (respondents)

(22/91)

Indexed As: Lawson v. Toronto Hospital Corp. et al.

Ontario Court of Justice

Divisional Court

Davidson, J.

September 19, 1991.

Summary:

A doctor applied for an interlocutory injunction to restrain a hospital and its ad­ministration from implementing an operating schedule which reduced his operating time.

The Ontario Divisional Court dismissed the application in a decision reported at 46 O.A.C. 376. The court received sub­missions on costs.

The Ontario Divisional Court awarded the solicitor and client costs to the hospital.

Practice - Topic 7454

Costs - Solicitor and client costs - En­title­ment to - Improper, irresponsible or un­conscionable conduct - A doctor applied for an interlocutory injunction to restrain a hospital and its administration from reduc­ing his operating time - The doctor alleged that the hospital was acting for a wrongful purpose, in an arbitrary manner, in bad faith with complicity and was cal­cu­lating to throw his practice into "... com­plete disarray" - The Ontario Divi­sional Court awarded the hospital solicitor and client costs as the allegations of seri­ous wrongdoing were not established.

Practice - Topic 7470

Costs - Solicitor and client costs - Enti­tlement to - Unproved allegation of fraud - [See Practice - Topic 7454 ].

Cases Noticed:

Apotex Inc. v. Egis Pharmaceuticals and Novopharm Ltd. (1990), 2 O.R.(3d) 126, refd to. [para. 5].

Counsel:

A.J. Dick, for the applicant;

R.A. Stradiotto, for the respondents.

This matter was heard before Davidson, J., of the Ontario Divisional Court, who released the following judgment on Septem­ber 19, 1991.