A physician with privileges at a hospital brought an action against the hospital alleging defamation, breach of fiduciary duty, breach of contract, negligence, negligent misrepresentation, and intentional infliction of mental suffering.
The claims arose from the hospital's investigation of a complaint made to the College of Physicians and Surgeons of Ontario alleging the physician expedited a patient's death.
The hospital investigated the complaint confidentially without notifying the physician and concluded the complaint was without foundation.
The physician was not notified until after the investigation concluded.
The hospital brought a Rule 21 motion to strike the pleadings and the physician brought a motion to compel production of investigation documents.
The court granted the hospital's motion in part, striking the contract claim as disclosing no reasonable cause of action, but dismissed the motion as to other claims.
The court granted the physician's production motion in part, ordering disclosure of documents relating to the scope and manner of investigation while protecting the identity of the complainant nurse and patient information.
