Court File and Parties

Citation: Deep v. Massel, 2008 ONCA 4

Date: 2008-01-08

Docket: C47573

Court of Appeal for Ontario

Before: MacPherson, Armstrong and Epstein JJ.A.

Between:

Albert Ross Deep, M.D., F.R.C.P.(C) Plaintiff/Appellant

and

Dr. David Massel, Dr. Jeffrey Turnbull, and The College of Physicians and Surgeons of Ontario Defendants/Respondents

And Between:

Albert Ross Deep, M.D., F.R.C.P.(C) Plaintiff/Appellant

and

The College of Physicians and Surgeons of Ontario, Dr. David Walker, and Dr. Kenneth Melvin Defendants/Respondents

Counsel: Dr. Albert Deep, appearing in person Michelle Brodey for the respondents

Heard: January 7, 2008

On appeal from the order of Justice Edward P. Belobaba of the Superior Court of Justice dated July 18, 2007.

Appeal Book Endorsement

[1] The appellant appeals from the judgment of Belobaba J. dated 18 July 2007 dismissing two actions brought by the appellant against the College of Physicians and Surgeons of Ontario and various doctors performing review functions under the Regulated Health Professions Act.

[2] We see no merit in the appeal. The motion judge’s analysis of the confidentiality and immunity from suit provisions in the RHPA and his application of the doctrine of res judicata strike us as sound. His conclusion that both actions should be dismissed was correct.

[3] The appeal is dismissed. Costs to the respondents fixed at $5000 inclusive of disbursements and GST.