Kueber v. Royal Victoria Regional Health Centre

Kueber v. Royal Victoria Regional Health Centre

Summary judgment was appropriate because the record failed to disclose genuine triable issues: the ambulance report entries were not shown to be published or defamatory and were supported by contemporaneous observations, the appellant produced no contradictory expert evidence to challenge doctors' standard of care opinions, many allegations were speculative or unsupported and procedural defects alleged did not produce a miscarriage of justice; only correction required was the limited scope of Royal Victoria Regional Health Centre's partial summary judgment.

Citation
2018 ONCA 125
Parties
Plaintiff (appellant): Barbara Kueber; Defendant (respondent): Royal Victoria Regional Health Centre; Defendant (respondent): Barrie Medical Clinics Inc.; Defendant (respondent): Dr. Sayed Mostafa Amir Shourideh-Ziabari; Defendant (respondent): Dr. Laurie Elizabeth Shaver; Defendant (respondent): Dr. Angelo John Iocca; Defendant (respondent): Dr. Heather Lynne Waterman; Defendant (respondent): Dr. George Nicholas Karasmanis; Defendant (respondent): Dr. Andrea Boyd May; Defendant (respondent): Triage Nurse J. Doe; Defendant (respondent): Dr. Darren Jonathan Usher; Defendant (respondent): County of Simcoe Paramedic Services; Defendant (respondent): Paramedic J. Doe; Defendant (respondent): Dr. David Boushy; Defendant (respondent): Dr. Nazir Ahmad Malik
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
9 February 2018
Procedural Posture
Civil / Appeal From Summary Judgment of the Superior Court of Justice
Outcome
Appeal dismissed except for correction to scope of partial summary judgment against Royal Victoria Regional Health Centre; motion judge's summary judgments dismissing claims against County of Simcoe Paramedic Services, nine doctors, and Barrie Medical Clinics Inc. upheld.
Legal Topics
Summary Judgment, Standard of Care, Expert Evidence, Publication, Defamation Elements, Costs
Source Language
English
Tort Medical Negligence Defamation Civil Procedure Summary Judgment Standard of Care Expert Evidence Publication +2 more

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Parties

Barbara Kueber

Plaintiff (appellant)

Royal Victoria Regional Health Centre

Defendant (respondent)

Barrie Medical Clinics Inc.

Defendant (respondent)

Dr. Sayed Mostafa Amir Shourideh-Ziabari

Defendant (respondent)

Dr. Laurie Elizabeth Shaver

Defendant (respondent)

Dr. Angelo John Iocca

Defendant (respondent)

Dr. Heather Lynne Waterman

Defendant (respondent)

Dr. George Nicholas Karasmanis

Defendant (respondent)

Dr. Andrea Boyd May

Defendant (respondent)

Triage Nurse J. Doe

Defendant (respondent)

Dr. Darren Jonathan Usher

Defendant (respondent)

County of Simcoe Paramedic Services

Defendant (respondent)

Paramedic J. Doe

Defendant (respondent)

Dr. David Boushy

Defendant (respondent)

Dr. Nazir Ahmad Malik

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment of the Superior Court of Justice

Legal Issues

  1. 1 Whether summary judgment was appropriate to dispose of claims
  2. 2 Whether ambulance report entries were published and defamatory
  3. 3 Whether paramedics breached the standard of care or threatened tasering

Ratio Decidendi

Summary judgment was appropriate because the record failed to disclose genuine triable issues: the ambulance report entries were not shown to be published or defamatory and were supported by contemporaneous observations, the appellant produced no contradictory expert evidence to challenge doctors' standard of care opinions, many allegations were speculative or unsupported and procedural defects alleged did not produce a miscarriage of justice; only correction required was the limited scope of Royal Victoria Regional Health Centre's partial summary judgment.

Court Disposition

Appeal dismissed except for correction to scope of partial summary judgment against Royal Victoria Regional Health Centre; motion judge's summary judgments dismissing claims against County of Simcoe Paramedic Services, nine doctors, and Barrie Medical Clinics Inc. upheld.

Orders

  • Amend paragraph 2 of the Superior Court judgment to dismiss specified claims against Royal Victoria Regional Health Centre relating to March 10 and 11, 2012 as listed in reasons (see subitems i-iv)
  • Appeal otherwise dismissed with costs to respondents on a partial indemnity scale