The Honourable Mr. Justice R.D. Gordon

The plaintiff physician brought an action against the defendant hospital and individuals for damages arising from a de facto suspension of his hospital privileges and alleged breach of a prior settlement agreement.

The defendants moved to strike the claim for lack of jurisdiction, arguing the plaintiff had not exhausted his remedies under the Public Hospitals Act (PHA), and on grounds of res judicata and abuse of process.

The court found that while the action was premature because the plaintiff had not exhausted his PHA remedies regarding the de facto suspension, the appropriate remedy was to stay the action rather than strike it.

The court dismissed the defendants' arguments on res judicata and abuse of process, but struck certain paragraphs of the statement of claim that made unfounded attacks on the hospital's legal counsel, with leave to amend.

The appellant appealed a finding of not criminally responsible (NCR) for assault and breach of probation, arguing the trial judge ordered the NCR assessment without any evidentiary basis.

The Crown conceded the error but argued the curative proviso should apply.

The Superior Court of Justice held the proviso did not apply because the error was not harmless and the evidence of NCR was not overwhelming without the improperly ordered assessment.

The NCR finding was set aside, convictions were entered, and the appellant was sentenced to one day in jail, having already spent nine years in custody.

The moving defendants brought a motion for summary judgment to enforce a settlement agreement reached with the plaintiffs.

The plaintiffs argued the settlement lacked certainty and that the court should exercise its discretion not to enforce it, particularly because one plaintiff was a party under disability.

The court found that an objective reading of the communications between counsel established a binding agreement to settle.

The court also found the settlement was in the best interests of the party under disability and declined to exercise its discretion to set aside the agreement, noting the plaintiffs' remedy for any alleged bad advice lay against their former counsel.

The motion to enforce the settlement was granted.