SUPERIOR COURT OF JUSTICE - ONTARIO
(Divisional Court Sitting as a Judge of the Superior Court of Justice)
RE: ryabikhina et al. v. st. michael’s hospital et al.
BEFORE: Justice D. Bellamy
COUNSEL: Elena Ryabikhina and Nadejda Ryabikhina, in person, for the Plaintiffs/Moving Parties
Chris Hubbard for the Defendants/Responding Parties Renata Leong and Rajiv Shah
HEARD: Thursday, October 9, 2008
E N D O R S E M E N T
1Leave to appeal is denied. There is no good reason to doubt the correctness of the motion judge’s decision, nor does the proposed appeal involve matters of public importance. The motion judge’s decision in Triage Court was a discretionary one that was eminently reasonable under the circumstances. It was a purely administrative decision that makes sense and will ultimately make everything more efficient for both the plaintiffs and the defendants. It is important to note that it does not in any way affect the substantive rights of the plaintiffs. This decision did not infringe any constitutional rights of the moving parties, as they allege, nor is there any objective indication that any fraudulent misrepresentations had been made.
2The matter will proceed on October 20, 2008, in accordance with Justice Echlin’s Order. Costs reserved to the judge hearing the motions.
Bellamy J.
Date Heard: October 9, 2008
Date Released: October 9, 2008