Dr. Fleming

The applicant was injured in a motor vehicle accident and was previously awarded statutory accident benefits and a special award following a preliminary issues hearing.

The arbitrator rescinded the initial order for expenses on consent and held a further hearing to determine the applicant's entitlement to and quantum of expenses.

The arbitrator found the applicant was entirely successful and entitled to her expenses.

The arbitrator set aside the 30-day time limit for requesting an assessment and awarded the applicant's counsel the maximum hourly rate of $150, allowing a 3:1 ratio for preparation to attendance time.

The insurer was ordered to pay $15,150 in legal fees and $9,103.41 in disbursements.

The appellant, a young woman addicted to prescription painkillers, sought drugs from the respondent, an elderly physician.

The respondent discovered her addiction and demanded sexual favours in exchange for prescribing the drugs.

The appellant acquiesced out of desperation.

She later sued for battery, negligence, and breach of fiduciary duty.

The Supreme Court of Canada allowed the appeal, holding that the power imbalance and exploitative nature of the relationship vitiated the appellant's consent to the sexual contact.

The Court awarded aggravated and punitive damages, finding the doctor's conduct reprehensible and a breach of his professional and fiduciary duties.