Mitchell et al. v. Aldrete et al., (1981) 31 Nfld. & P.E.I.R. 340 (NFCA)

• Judge: Mifflin, C.J.N., Morgan and Gushue, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: February 02, 1981
• Jurisdiction: Newfoundland and Labrador
• Citations: (1981), 31 Nfld. & P.E.I.R. 340 (NFCA)

Mitchell v. Aldrete (1981), 31 Nfld. & P.E.I.R. 340 (NFCA);

    87 A.P.R. 340

MLB headnote and full text

Mitchell et al. v. Aldrete, Omylanowski, General Hospital Corporation, Governing Council of the Salvation Army, Canada East and/or Grace General Hospital

(No. 719)

Indexed As: Mitchell et al. v. Aldrete et al.

Newfoundland Supreme Court

Court of Appeal

Mifflin, C.J.N., Morgan and Gushue, JJ.A.

February 2, 1981.

Summary:

This case arose out of an action by the widow and daughters of a deceased man against the physicians and hospitals, who attended him before his death, which allegedly resulted from their negligence. The plaintiffs applied for the discovery of documents in the possession of one of the hospitals and for leave to deliver interrogatories to the hospital. The Newfoundland Supreme Court, Trial Division in a judgment reported in 26 Nfld. & P.E.I.R. 368; 72 A.P.R. 368, allowed the application. The hospital appealed.

The Newfoundland Court of Appeal allowed the appeal in part, held that plaintiffs were entitled to the production of the deceased's medical record, but ordered that leave to deliver interrogatories await the plaintiffs' examination of the medical records.

Practice - Topic 4576

Discovery - Production of documents - What documents must be produced - Privileged documents - Doctor and hospital records - The Newfoundland Court of Appeal held that under s. 36(3)(a) of the Hospitals Act, S.N. 1971, c. 81, the heirs of a deceased patient were entitled to receive the patient's medical records from a hospital - See paragraphs 12 to 13.

Practice - Topic 8804

Appeals - Duty of Appeal Court - Respecting discretionary orders - The Newfoundland Court of Appeal discussed the scope of review of a judge's discretionary order on appeal - See paragraph 6.

Statutes - Topic 6255

Operation and effect - Contrariety or conflict between statutes - General and special statutes - Generalia specialibus non derogant - The Newfoundland Court of Appeal held that s. 36 of the Hospitals Act, S.N. 1971, c. 81, governing the privileged nature of medical records, was a specific provision which overroad the general provisions of the Rules of Court respecting discovery of documents - See paragraphs 7 to 11.

Cases Noticed:

Evans v. Bartlam, [1937] A.C. 473, appld. [para. 6].

Unger v. Sun Alliance, [1978] 4 W.W.R. 759; 4 A.R. 439, appld. [para. 8].

Statutes Noticed:

Hospitals Act, S.N. 1971, c. 81, sect. 36 [para. 7].

Interpretation Act, R.S.N. 1970, c. 182, sect. 26(1)(w) [para. 12].

Rules of Court (Nfld.), 0. 28, rule 12, rule 14 and rule 15 [para. 4].

Counsel:

Claude A. Sheppard, for the plaintiff/respondents;

Thomas J. O'Reilly, Q.C., for the first defendant/appellant and the fourth defendant/appellant;

The third defendant/respondent and the fifth defendant/respondent were not represented.

This case was heard on October 23, 1980, at St. John's, Newfoundland, before MIFFLIN, C.J.N., MORGAN and GUSHUE, JJ.A., of the Newfoundland Supreme Court, Court of Appeal.

On February 2, 1981, MORGAN, J.A., delivered the following judgment for the Court of Appeal: