Stewart v. Postnikoff, 2014 BCCA 292

• Judge: Goepel, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 25, 2014
• Jurisdiction: British Columbia
• Citations: 2014 BCCA 292;(2014), 359 B.C.A.C. 128 (CA)

Stewart v. Postnikoff (2014), 359 B.C.A.C. 128 (CA);

    615 W.A.C. 128

MLB headnote and full text

Temp. Cite: [2014] B.C.A.C. TBEd. JL.047

Clay Ronald Stewart (appellant/plaintiff) v. Ian Postnikoff (respondent/defendant)

(CA041878; 2014 BCCA 292)

Indexed As: Stewart v. Postnikoff

British Columbia Court of Appeal

Goepel, J.A.

July 21, 2014.

Summary:

Stewart advanced a number of claims against Dr. Postnikoff, who had certified Stewart under the Mental Health Act (MHA) while he was incarcerated at a psychiatric hospital operated by Correctional Services Canada.

The British Columbia Supreme Court, in a decision reported at [2014] B.C.T.C. Uned. 707, dismissed the action. The trial judge found that the standard of practice in British Columbia allowed for certifications under the MHA without an interview or personal observation. He further found that Dr. Postnikoff met the standard of care when he issued the certification. He rejected Stewart's submission that Dr. Postnikoff issued the certification either negligently or recklessly or as part of a plan to keep him in custody past his warrant expiry date. Stewart applied for an extension of time to appeal the decision. He also applied for an order that he be declared indigent in respect to this matter with respect to the payment of fees set out in Schedule 1 of Appendix C of the Court of Appeal Rules. Stewart advised that on the appeal he intended to challenge several of the trial judge's findings of fact. He further intended to challenge the trial judge's conclusion that a personal examination prior to certification was not necessary.

The British Columbia Court of Appeal, per Goepel, J.A., held that Stewart's appeal had no merit. His application for an extension of time to file a notice of appeal and his application for indigent status were both dismissed.

Medicine - Topic 4247

Liability of practitioners - Negligence or fault - Re mental patients - See paragraphs 7 to 26.

Medicine - Topic 4382

Liability of practitioners - False imprisonment - Mental patients - See paragraphs 7 to 26.

Persons of Unsound Mind - Topic 86

Detention - For assessment under mental health legislation - See paragraphs 7 to 26.

Persons of Unsound Mind - Topic 213

Committal - Involuntary committal - Procedure - Medical certificates - See paragraphs 7 to 26.

Practice - Topic 8894

Appeals - Parties - Indigent status - See paragraphs 1 to 6 and 26.

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - See paragraphs 1 to 6 and 26.

Cases Noticed:

Allart v. Alec's Automotive Machine Shop (2003) Ltd. et al. (2014), 357 B.C.A.C. 150; 611 W.A.C. 150; 2014 BCCA 242, refd to. [para. 2].

Clock Holdings Ltd. v. Braich Estate (2009), 271 B.C.A.C. 267; 458 W.A.C. 267; 2009 BCCA 269, refd to. [para. 5].

Mullins v. Levy et al. (2009), 264 B.C.A.C. 197; 445 W.A.C. 197; 2009 BCCA 6, leave to appeal refused (2009), 398 N.R. 398 (S.C.C.), refd to. [para. 13].

Statutes Noticed:

Mental Health Act, R.S.B.C. 1996, c. 288, sect. 22 [para. 7].

Counsel:

The appellant, Clay Ronald Stewart, in person via teleconference;

J.D. Meadows, for the respondent.

These applications were heard in chambers on June 25, 2014, at Vancouver, B.C., before Goepel, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on July 21, 2014.