Isaac Wright

The accused, who was previously found unfit to stand trial on charges including sexual assault of a minor, appeared before the Ontario Review Board for an initial disposition hearing.

The Board accepted uncontradicted psychiatric evidence that the accused remains unfit due to a major mental illness, likely schizophrenia, and requires active hospital treatment.

Given the severe risk to public safety and the lack of community supports, the Board ordered the accused detained at the Thunder Bay Regional Health Sciences Centre, with a transfer to the North Bay Health Centre pending bed availability in Thunder Bay.

The moving party, a surgeon whose hospital privileges were not renewed in 2016, brought a motion to set aside a single judge's order dismissing his motion to set aside a Registrar's dismissal for delay.

The responding hospitals requested a dismissal under Rule 2.1 of the Rules of Civil Procedure.

The Court of Appeal found the moving party exhibited hallmarks of a vexatious litigant by exhausting all rights of review and attempting to re-determine settled issues.

The motion was dismissed as an abuse of process and a collateral attack on underlying decisions, with costs awarded to the responding parties.

The plaintiffs moved for an order abridging the time for service of an expert report regarding the standard of care by a hospital.

The court dismissed the motion, finding no reasonable explanation for the late service of the plaintiff’s expert report and emphasizing the importance of timely service of expert reports under the Rules of Civil Procedure.

The matter was removed from the January 2025 trial sittings and directed to Trial Scheduling Court.