Court File and Parties
COURT FILE NO.: CV-18-593282
DATE: 20210217
ONTARIO SUPERIOR COURT OF JUSTICE
RE: Rose Donatelli-Venneri, Michael Venneri, Professional Counselling Services and Comprehensive Health Care Inc., Appellants -and- Stern Landesman Clark LLP, Respondent
BEFORE: F.L. Myers J.
COUNSEL: M. Venneri, for himself P. Stern, for his firm
READ: February 17, 2021
SUPPLEMENTARY ENDORSEMENT
[1] I received an email from Dr. Venneri requesting the correction of three statements in my endorsement dated November 30, 2020 reported as 2020 ONSC 7356: He raises the following points:
Para 10: "The insurer alleged that he was involved in assisting his mother's impropriety" (the insurance company never made such allegations)
Para 11: "The appellants were also charged with criminal fraud as a result of the allegations." (I was never charged)
Para 12: "The criminal charges were withdrawn" (to the extent this statement applies to me personally, it is not correct because, having never been charged, no charges against me were withdrawn)
[2] I have sought and received brief submissions of Mr. Stern who confirms that only Ms. Donatelli-Venneri was charged criminally. Dr. Venneri was not charged and therefore no charges were withdrawn against him either.
[3] Para 11. of my endorsement dated November 27, 2020 should be amended to read:
The appellant Ms. Donatelli-Venneri was also charged with criminal fraud as a result of the allegations.
[4] With this amendment, there is no need to amend para. 12 as the reference to the charges being withdrawn now relates only to charges against Ms. Donatelli-Venneri.
[5] Dr. Venneri takes issue with the recitation in para. 10 of my endorsement that in the underlying litigation the plaintiff insurance company, "alleged that he was involved in assisting his mother's impropriety".
[6] In its statement of claim, the insurer made the following allegations against the defendants including Dr. Venneri and Ms. Donatelli-Venneri:
The Plaintiffs state that the Defendants, fraudulently or negligently submitted treatment plans and invoices for psychological services and Counselling when they knew or ought to have known that Rose Donatelli was not a doctor of psychology nor was she a Ph.D. nor was she licensed to practice psychology in the Province of Ontario.
Plaintiffs state that the Defendants fraudulently or negligently misrepresented Rose Donatelli's qualifications to Liberty Mutual when providing treatment plans and services to Liberty Mutual 's Insureds. Liberty Mutual submits that Rose Donatelli was not qualified or licensed to provide the said treatments or services.
The Plaintiffs state that in order to induce Liberty Mutual to agree to treatment plans and pay for the services provided by Rose Donatelli the Defendants expressly, implied or by conduct made the following misrepresentations:
(a) Rose Donatelli was qualified and licensed to provide psychological treatments and Counselling;
(b) Rose Donatelli had a Ph.D. in Psychology;
(c) Rose Donatelli was a doctor of psychology licensed to practice psychology in the Province of Ontario; and
(d) Rose Donatelli was qualified to make psychological diagnosis and prepare treatment plans and provide treatment.
The-Plaintiffs state that the Defendant Miehael Venneri, operating under the name of Comprehensive health Clinic Inc. is the son of Rose Donatelli and knew or ought to have known Rose Donatelli was not qualified to provide psychological services and Counselling to Liberty Mutual 's Insureds and knowingly referred Liberty Mutual 's Insureds to Rose Donatelli when he know [sic] or ought to have known that Rose Donatelli would diagnose, provide treatment plans and psychological treatment to Liberty Mutual 's Insureds and bill Liberty Mutual for same and as such Michael Venneri, operating under the name of Comprehensive Health Clinic Inc. was involved in a conspiracy to commit fraud.
Liberty Mutual states that it relied on the representation, whether they were misrepresentations, collateral contract, warrantee or precondition and states that these fraudulent or negligent misrepresentations induced Liberty Mutual to pay Rose Donatelli the sum of $31,689.00 pursuant to invoices submitted through Comprehensive Health Clinic Inc. and Professional Counselling Services and Michael Venneri.
The Plaintiffs states that the Defendants actions constitute a flagrant violation of the rights of Liberty's Insureds. The Defendants' actions constitute abuse of power and trust. Their deceit and fraud is worthy of punishment and deterrence by the Court through an award of aggravated, punitive and exemplary damages.
[7] In my view, by characterizing the insurer's allegations against Dr. Venneri as being "involved in assisting his mother's impropriety" I significantly understated the severity of the allegations made against him. Accordingly, I see no error to correct.
[8] Pursuant to Rule 59.06 (1) and on consent of the respondent, I amend para. 11 of my prior endorsement dated November 30, 2020 in this proceeding as set out in para. 3 above.
F.L. Myers J.
Date: February 17, 2021