CITATION: Reda v. Toronto Hospital (General Division), 2007 ONCA 198

DATE: 20070322

DOCKET: C45412

COURT OF APPEAL FOR ONTARIO

RE:

AMINA REDA & AL MABROOK (Plaintiffs/Applicants) – and – THE TORONTO HOSPITAL (GENERAL DIVISION) (Defendant/Respondent)

BEFORE:

ROSENBERG, ARMSTRONG and JURIANSZ JJ.A.

COUNSEL:

Al Mabrook

In person

Susan Zimmerman

for the respondent

HEARD & RELEASED ORALLY:

March 19, 2007

On appeal from the judgment of Justice Colin Campbell of the Superior Court of Justice dated April 12, 2006.

E N D O R S E M E N T

[1] This is an appeal from a summary judgment dismissing the plaintiffs’ claims in negligence against the respondent. The claims arise from the employment of Ms. Reda by the respondent.

[2] The summary motion judge expressly indicated that any claim for wrongful dismissal, if there were one, could proceed. The appellants submit that they advance claims of malpractice and breach of contract as well. In our view, such claims, if they can be discerned in the statement of claim that was before the motion judge, are in substance claims that the respondent, as employer, failed to provide a safe working environment.

[3] We should not be taken as agreeing that a claim for medical malpractice falls within the ambit of s. 16 of the Workers Compensation Act. However, the motion judge was correct to dismiss the tort claim as framed in the statement of claim that was before him.

[4] Accordingly, the appeal is dismissed without costs.

“M. Rosenberg J.A.”

“Robert P. Armstrong J.A.”

“R. Juriansz J.A.”