The appellant doctor sued the respondent hospital, producing emails during the litigation that the hospital suspected were fabricated.
After the action settled, the doctor applied for reappointment to the hospital's medical staff.
The hospital sought to use an affidavit obtained during the litigation, which questioned the emails' authenticity, at a Medical Advisory Committee meeting.
The application judge granted relief from the deemed undertaking rule under Rule 30.1.01(8) to permit this use.
The Court of Appeal dismissed the doctor's appeal, finding no error in the application judge's exercise of discretion, as the parties were the same and the interest of justice in denouncing potentially fabricated evidence outweighed any non-existent prejudice to the appellant.
