DATE: 20010316

DOCKET: C34949

COURT OF APPEAL FOR ONTARIO

RE: DESMOND McLENNON (Plaintiff/Appellant) – and – FRANKLIN WAYNE FURLONG (Defendant/Respondent)

BEFORE: FINLAYSON, MACPHERSON AND SIMMONS JJ.A.

COUNSEL: Desmond McLennon (in person)

Anne E. Posno

For the respondent

HEARD: March 14, 2001

On appeal from the orders of Justice Ian V.B. Nordheimer dated August 2, 2000 and August 3, 2000.

E N D O R S E M E N T

Released Orally on March 14, 2001

[1] The motions judge found it is plain and obvious that the appellant’s claim as set out in the statement of claim cannot succeed. We agree with this finding. Statements made in the course of quasi-judicial proceedings are absolutely privileged. This principle extends to reports prepared by a physician in preparation for a hearing: Fabian v. Margulies (1985), 1985 CanLII 2063 (ON CA), 53 O.R. (2d) 380 (C.A.).

[2] The respondent doctor prepared his report concerning the appellant pursuant to the order of an arbitrator in a statutory accident benefits proceeding. It is clear the doctor’s report was based on material supplied to him by the insurers as well as his brief consultation with the appellant. The plaintiff’s consent was not required and no physician-patient relationship arose. This case clearly falls within the scope of the absolute privilege that attaches to quasi-judicial proceedings.

[3] A civil cause of action does not lie for breach of the Ontario Human Rights Code: Blainey v. Ontario Hockey Association (1986), 1986 CanLII 145 (ON CA), 26 D.L.R. (4th) 728 (Ont. C.A.).

[4] In the circumstances, the appeal is dismissed with costs.

Signed: "G.D. Finlayson J.A."

"J.C. MacPherson J.A."

"J. Simmons J.A."