The self-represented plaintiffs brought three separate actions against two hospitals, seven physicians, and the College of Physicians and Surgeons of Ontario, alleging medical malpractice, falsification of records, breach of privacy, and improper regulatory investigations relating to psychiatric treatment provided between 2004 and 2012.
The defendants brought motions for summary judgment and motions to strike the claims.
The Superior Court of Justice granted the motions and dismissed all three actions.
The court found that the claims against the hospitals and physicians were statute-barred under the Limitations Act, 2002, as the plaintiffs had discovered the claims years before commencing the actions.
The court also held that the hospitals were not vicariously liable for the actions of independent physicians.
The claims against the College were struck because the College owes no private law duty of care to complainants, and the actions constituted an abuse of process by attempting a collateral attack on the statutory complaints and review process.
