Court File and Parties

COURT FILE NO.: CV-19-620679

DATE: 20200519

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: THE ESTATE OF ANGELO SANSONE represented by its Estate Trustee Leonardo Sansone, DAVID SANSONE, LEONARDO SANSONE, ANTONIETTA SANSONE, TONY SANSONE, ANTHONY SANSONE, and ISABELLA SANSONE by her litigation guardian Leonardo Sansone Plaintiffs

AND:

1231353 ONTARIO LIMITED, REVERA LONG TERM CARE INC., MARGRET OLURUNFEMI - AYODELE, ANNIE SEBASTIAN, OMOSOLAPE AKINGBOLA, and JANE DOE NURSE Defendants

BEFORE: Darla A. Wilson J.

COUNSEL: Justin Linden, Counsel for the Plaintiffs S. Wayne Morris, Counsel for the Defendants

HEARD: May 19, 2020

ENDORSEMENT

[1] This is a negligence claim arising from the death of Angelo Sansone, which occurred in October 2018 at the Defendant long term care facility. Counsel for the Plaintiffs requested a chambers appointment to establish a timetable for this case.

[2] Parties have exchanged Affidavits of Documents. Mr. Linden advised that after getting the file from the Defendant nursing home, he learned that several of the nurses and personal support workers who provided care to Mr. Sansone falsified their notes and were terminated from employment and subject to disciplinary action as a result. He wishes to amend the Statement of Claim to include a claim for punitive damages. Mr. Morris has sought instructions from his client as to whether or not this motion can proceed on a consent basis, but he advises there are coverage issues that arise so he may not obtain those instructions.

[3] In my view, Mr. Linden ought to serve the emotion to amend and secure a date for its hearing before the Master, in order to keep this matter moving forward.

[4] Mr. Linden wishes to arrange the discoveries as soon as possible. However, Mr. Morris advises that he has not received any medical documentation concerning Mr. Sansone’s health prior to his death, such as hospital records, family doctor’s notes and the records of treating specialists. Mr. Morris notes that Mr. Sansone’s health was significantly compromised prior to his admission to the Defendant institution.

[5] Furthermore, Mr. Morris advised that given the current pandemic, it is extremely difficult for him to contact his client and secure a date that the representative and the 4 care providers will be able to attend examinations for discovery.

[6] In my view, the pleadings need to be finalized prior to the attendance at the discovery. The medical records of the treating doctors of the deceased need to be produced. This is a negligence claim and will require expert opinions on the standard of care, causation and life expectancy, I suspect. Neither counsel has obtained expert opinions.

[7] I order the following timetable:

a) Mr. Linden shall serve his motion to amend the Statement of Claim by May 22, 2020;

b) The solicitor for the Plaintiffs shall provide the medical records of the treatment providers for Mr. Sansone by July 31, 2020; the Defendants shall bear the reasonable costs of productions.

c) Mr. Linden undertakes that he can complete the discovery of the Defendants in a day; the Plaintiffs will take another day. The examinations for discovery shall take place before November 30, 2020.

[8] I will convene a further case conference December 7 at 9:15 am. If other issues arise, I may be contacted.

[9] This order is effective immediately without the requirement of being issued and entered.

Darla A. Wilson J.

Date: May 19, 2020