CITATION: Deep v. College of Physicians and Surgeons of Ontario, 2011 ONCA 196

DATE: 20110311

DOCKET: M39387/M39512/C52721

COURT OF APPEAL FOR ONTARIO

MacPherson, Rouleau and Epstein JJ.A.

BETWEEN

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

Plaintiff/Appellant

and

The College of Physicians and Surgeons of Ontario, Dr. David Massel, Ms. Carolyn Silver, Dr. Turnbull, Dr. David Walker, Dr. M. Gabel, Dr. N. De, Dr. T. Moriarity, Mr. R. Pratt, Mr. Dhawan, Dr. Rocco Gerace, and Dr. Melvin

Defendants/Respondents

BETWEEN

The College of Physicians and Surgeons of Ontario

Applicant/Respondent

and

Dr. Albert Ross Deep

Respondent/Appellant

Dr. Albert Ross Deep, acting in person

Michelle Gibbs, for the respondents

Heard and released orally: March 4, 2011.

On appeal from the order of Justice Ruth E. Mesbur of the Superior Court of Justice dated September 23, 2010.

ENDORSEMENT

[1] The appellant, Dr. Albert Ross Deep, appeals from the order of Mesbur J. of the Superior Court of Justice dated 23 September 2010, dismissing his action against the respondents and granting the College’s application to declare him to be a vexatious litigant pursuant to s. 140 of the Courts of Justice Act, R.S.O. 1990, c. C.43.

[2] On the application to declare the appellant to be a vexatious litigant, we agree with the factual findings, legal analysis and conclusions of Justice Mesbur.

[3] With respect to the appeal from the order dismissing his action, we agree with the motion judge that the claim is, at its root, an attempt to relitigate claims that have been previously adjudicated and dismissed. Further, the claim is based on documents that are inadmissible in a civil proceeding by operation of s. 36(3) of the Regulated Health Professions Act 1991, S.O. 1991 c.18 (see Task Specific Rehabilitation Inc. v. Steenecke (2004), 2004 4853 (ON CA), 188 O.A.C. 318). Without this evidence the appellant has no way of proving the necessary facts to support his claim.

[4] The appeal is dismissed.

[5] For the sake of clarity, we state that, going forward, Dr. Deep must seek the leave of a superior court judge before taking any step in any proceeding in any court in Ontario, including this court: see Varma v. Rozenberg, 1998 4334 (O.N. C.A.), at para. 5.

[6] The respondents are entitled to their costs of the appeal fixed at $7,500 inclusive of disbursements and HST.

“J. C. MacPherson J.A.”

“Paul Rouleau J.A.”

“Gloria Epstein J.A.”