Mitchell et al. v. Aldrete et al., (1980) 26 Nfld. & P.E.I.R. 368 (NFTD)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 18, 1980
• Jurisdiction: Newfoundland and Labrador
• Citations: (1980), 26 Nfld. & P.E.I.R. 368 (NFTD)

Mitchell v. Aldrete (1980), 26 Nfld. & P.E.I.R. 368 (NFTD);

    72 A.P.R. 368

MLB headnote and full text

Mitchell et al. v. Aldrete (first defendant), Omylanowski (third defendant), General Hospital Corporation (fourth defendant) and Governing Council of the Salvation Army, Canada East and/or Grace General Hospital (fifth defendant)

(No. 719)

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

Newfoundland Supreme Court

Trial Division

Hickman, C.J.T.D.

February 18, 1980.

Summary:

This headnote contains no summary.

Practice - Topic 4553

Discovery - Documents - Production and inspection of - Use of documents produced - The Newfoundland Supreme Court, Trial Division, held that there is an implied obligation on the part of a party to an action, who is given the right to inspect documents, not to make improper use of such documents - See paragraph 33.

Practice - Topic 4576

Discovery - Production of - What documents must be produced - Privileged documents - Doctor and hospital records - The family of a deceased man brought an action against the physicians and hospitals, who attended him before his death, which allegedly resulted from their negligence - One hospital claimed that it was not required to divulge or produce the man's medical and hospital records in its possession pursuant to s. 36 of the Hospitals Act, S.N. 1971, 0. 81, which required the confidentiality of hospital records - The Newfoundland Supreme Court, Trial Division, held that s. 36 was not applicable to the required production of documents in a legal action - See paragraphs 27 to 32.

Practice - Topic 4635

Discovery - Documents - Affidavits - Affidavit or list of - Duty respecting documents in party's possession or power - The family of a deceased man brought an action against the physicians and hospitals, who attended him before his death, which allegedly resulted from their negligence - The plaintiffs applied for an order requiring one hospital to provide an affidavit of documents respecting the man's medical records in its possession - The Newfoundland Supreme Court, Trial Division, ordered the hospital to provide an affidavit of documents - See paragraphs 21 to 26.

Practice - Topic 4677

Discovery - Interrogatories - When available - The family of a deceased man brought an action against the physicians and hospitals, who attended him before his death, which allegedly resulted from their negligence - The plaintiffs applied for leave to deliver to one of the hospitals interrogatories respecting the possession, nature, description and type of records respecting the man and the nature of the care and examinations which he received at the hospital - The Newfoundland Supreme Court, Trial Division, granted the application and held that the plaintiffs were entitled to deliver the interrogatories to enable them to determine whether they had a good cause of action against the defendants and also to save costs - The Trial Division discussed the nature and purpose of, and entitlement to, interrogatories - See paragraphs 1 to 20.

Cases Noticed:

Heaton v. Goldney, [1910] 1 K.B. 754, appld. [para. 14].

Griebart v. Morris, [1920] 1 K.B.D. 659, appld. [para. 15].

Maloney v. Crane (1979), 20 Nfld. & P.E.I.R. 118; 53 A.P.R. 118, appld. [para. 16].

Marriott v. Chamberlain (1886), 17 Q.B.D. 154, appld. [para. 18].

Unger v. Sun Alliance, [1978] 4 W.W.R. 759; 4 A.R. 439, dist. [para. 29].

Re General Accident Assurance Company of Canada v. Sunnybrook Hospital, 23 O.R.(2d) 513, refd to. [para. 32].

Alterskye v. Scott, [1948] 1 All E.R. 469, appld. [para. 33].

Statutes Noticed:

Hospitals Act, S.N. 1971, c. 81, sect. 36 [para. 28].

Rules of Court (Nfld.), 0. 28, rule 2 [para. 13]; 0. 28, rule 12, rule 14, rule 15 [para. 22].

Authors and Works Noticed:

Annual Practice (1953), pp. 526-527 [para. 25].

Odgers on Pleading and Practice (17th Ed.), pp. 266 [para. 24]; 277 [para. 14].

Counsel:

Claude Sheppard, Jr., for the plaintiffs;

Thomas J. O'Reilly, Q.C., for the First and Fourth defendants;

Michael F. Harrington, for the Fifth defendant.

This case was heard at St. John's, Newfoundland, before HICKMAN, C.J.T.D., of the Newfoundland Supreme Court, Trial Division, who delivered the following judgment on February 18, 1980: