Court of Appeal of Ontario

MacArthur v. Meuser

Date: 2000-04-10

F. Scott Turton, for appellant.

Carlos Martins, for respondent.

Court File No. C27197

The judgment of the court endorsed on the appeal book was as follows:

[1] We agree with the trial judge's conclusion that s. 13 of the Public Hospital Act, R.S.O. 1990, c. P40, was an answer to the claim. The memo was written by the respondent in the course of an "investigation or other business" of the Medical Education Committee. We see no reason to doubt the trial judge's conclusion that the respondent acted in good faith in sending the memo. The appeal is dismissed.

[2] Assuming that in the circumstances the appellant did not have an opportunity to make submissions as to costs, he has put nothing before us to suggest that the usual order (part-and-party costs) was not appropriate. Leave to appeal is granted but the appeal is dismissed.

[3] The respondent is entitled to his costs on the appeal.

Appeal dismissed.