Court File and Parties

COBOURG COURT FILE NO.: CV-16-00000117

DATE: 20210806

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Phoebe Florence Madonna Voutier, Plaintiff

AND:

Northumberland Hills Hospital and Dr. Erin Pepper, Defendants

BEFORE: H.K. O’Connell J.

COUNSEL: Phoebe Florence Madonna Voutier, Plaintiff, appearing in person

Adrian Pell, for the Defendant, Northumberland Hills Hospital

Alysia M. Christiaen, for the Defendant, Dr. Erin Pepper

HEARD: July 14, 2021

ENDORSEMENT

[1] This matter was on my list in Cobourg in June 2021 for a motion pursuant to the relevant provisions of the Rules of Civil Procedure, namely Rules 23.01(1)(b) and 23.04(1). The defendants were the moving parties.

[2] The matter was adjourned to allow for the plaintiff to address the motion, given that she was ill and not able to participate when it was first up for hearing of the motion.

[3] The parties are all in agreement that the matter is to be discontinued. The plaintiff provided to the court a document advising that this was the case, but making it clear that she believes that the defendants are responsible for the poor health that has befallen her.

[4] I made it clear to the plaintiff that I needed to be assured that she was clearly to understand that an agreement to discontinue her action, would mean that the case was over and that she needed to make the decision to discontinue based on this understanding and the fact that it was being done completely of her own volition. The plaintiff assured the court that that was the case.

[5] The plaintiff and the defendants concurred in the wording of the proposed order that was supplied to the court.

[6] The order is attached and is signed with my electronic signature. The order and this endorsement will be sent to the Civil trial office at Cobourg for issuing and entering.

[7] The endorsement and the as yet unissued and entered order to be sent to counsel and Ms. Voutier via email.

[8] Once the order is issued and entered, counsel will provide a copy to Ms. Voutier.

[9] I thank counsel for their consideration extended to Ms. Voutier. They acted truly as advocates but also officers of the court.