CITATION: Paul v. Kurdyak, 2008 ONCA 402

DATE: 20080522

DOCKET: C48032

COURT OF APPEAL FOR ONTARIO

MOLDAVER, SHARPE AND BLAIR JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Intervenor

And

MARY PAUL

Applicant/Appellant

And

DR. VICTOR KURDYAK

Respondent

Joseph Markin for the appellant Mary Paul

Joanne Stuart for the respondent

Heard and endorsed: May 20, 2008

On appeal from the decision of Justice Mary Lou Benotto of the Superior Court of Justice dated October 29, 2007.

APPEAL BOOK ENDORSEMENT

[1] We agree with the conclusion of Benotto J. that there was no jurisdictional error on the part of the Justice of the Peace that would warrant the remedy of mandamus, with certiorari in aid. In the context of the consensual medical examination in question, it was not enough to show that bodily harm occurred. There had to be evidence of an intent to cause bodily harm. No such evidence existed here. Moreover, we agree with Benotto J. that in the context of this case, having regard to the prior unsuccessful civil and criminal proceedings, the record would support a refusal to issue process on the grounds of abuse of process.

[2] Accordingly the appeal is dismissed.