The plaintiffs brought a Rule 21 motion seeking a declaration that Rouge Valley Health System was estopped from denying liability for various statutory and common law causes of action, based on an Order from the Information and Privacy Commissioner (PHIPA Order HO-013).
The court dismissed the motion, exercising its discretion under the doctrines of issue estoppel and abuse of process.
It found that applying issue estoppel would be procedurally and substantively unfair given the magnitude of the class action ($400 million) against a public institution, and the informal, discretionary nature of the administrative tribunal's proceedings, which focused on its privacy law mandate rather than complex civil law.
The court also noted that such an application would be inimical to the due administration of justice by discouraging settlements with the Commissioner.