Court File and Parties

COURT FILE NO.: CV-19-614680

DATE: 20210416

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: RICHARD DOUGLAS NICHOL and MARY ESTHER NICHOL Plaintiffs

AND:

CENTRAL EAST LOCAL HEALTH INTEGRATION NETWORK, 8262900 CANADA INC. c.o.b. CAREPARTNERS, MS. CHRISTA HUTTON, MS. TAMMY DIGIACINTO, PSW DOE, NURSE REBECCA ALONGE, NURSE MELISSA McDONALD, NURSE J. DOE#1, NURSE J. DOE#2, DR. YASIR H. KHAN, DR. FUAD AHMAD, LAKERIDGE HEALTH – OSHAWA SITE, DR. ROBERT MICHAEL STUPARYK, NURSE LINZI CAMPELL, DR. J. DOE #1, DR. J. DOE #2 AND NURSE BRANDI PIGOU Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: R. Bogoroch and M. Dabirian for the Plaintiffs

M. Payne, for the Defendants, Central East Local Health Integration Network, Ms. Christa Hutton, Lakeridge Health – Oshawa Site, Nurse Linzi Campbell and Nurse Brandi Pigou

S. W. Morris, for the Defendants, 826900 Canada Inc. c.o.b. Carepartners, Nurse Rebecca Alonge and Nurse Melissa McDonald

N. Culp, for the Defendant, Ms. Tammy Digiacinto

K. Kalogiros, for the Defendants, Dr. Yasir H. Khna, Dr. Fuad Ahmad and Dr. Robert Michael Stuparyk

HEARD: April 16, 2021, by writing

ENDORSEMENT

[1] The Plaintiff brings this motion seeking as order that the proposed estate representative, Brooke Charlotte Nichol be appointed to represent the Estate of the deceased Plaintiff, Richard Nichol for the purpose of this proceeding only and for an order granting leave to amend the Amended Statement of Claim to name Brooke Charlotte Nichol as the Estate Representative.

[2] This action arises out of medical care provided to Richard Nichol between March 31, 2017 and September 20, 2017. Mr. Nichol died on June 23, 2020. In his Last Will and Testament, Mr. Nichol named Brooke Charlotte Nichol as the Estate Trustee of the Estate. The Estate was not probated, and no executor or administrator of the estate was appointed.

[3] The Defendants, Carepartners/Community Foundation, Nurse Rebecca Alonge and Nurse Melissa McDonald consent to the relief sought. The other Defendants advise that they are not opposed.

[4] I am satisfied that the Order is necessary to allow the Estate of Richard Nichol to proceed with the action. I grant the relief sought.

[5] Order to go in accordance with the draft order filed and signed by me.

DATE: April 16, 2021