Wellesley Hospital v. Lawson

Wellesley Hospital v. Lawson

Section 59 of the Mental Health Act does not bar actions against a psychiatric facility for the facility's own negligence or breach of contract; the statutory bar applies to torts of patients in their legal, actionable sense and cannot be read to extinguish an independent duty of the hospital to control and supervise violent patients.

Citation
[1978] 1 SCR 893
Parties
Appellant / Plaintiff: Wellesley Hospital; Respondent / Defendant: Gertrude Ivy Lawson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 April 1977
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario; Trial Court Had Dismissed Action on Preliminary Point of Law
Outcome
Appeal dismissed; order of the Court of Appeal allowing the action to proceed reinstated
Legal Topics
Liability of Psychiatric Facility, Statutory Immunity for Torts of Patients, Duty of Care to Third Parties, Vicarious Liability, Interpretation of 'tort' in Statute
Source Language
English
Torts Mental Health Law Statutory Interpretation Contract Law Liability of Psychiatric Facility Statutory Immunity for Torts of Patients Duty of Care to Third Parties Vicarious Liability +1 more

Case Brief

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Parties

Wellesley Hospital

Appellant / Plaintiff

Gertrude Ivy Lawson

Respondent / Defendant

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario; Trial Court Had Dismissed Action on Preliminary Point of Law

Legal Issues

  1. 1 Whether s.59 of the Mental Health Act bars actions against psychiatric facilities for torts of patients
  2. 2 Whether s.59 relieves a psychiatric facility of liability for its own negligence or breach of contract arising from a patient's misconduct
  3. 3 Whether the statutory word 'tort' includes non-actionable misconduct by mentally ill patients

Ratio Decidendi

Section 59 of the Mental Health Act does not bar actions against a psychiatric facility for the facility's own negligence or breach of contract; the statutory bar applies to torts of patients in their legal, actionable sense and cannot be read to extinguish an independent duty of the hospital to control and supervise violent patients.

Court Disposition

Appeal dismissed; order of the Court of Appeal allowing the action to proceed reinstated

Orders

  • Appeal dismissed with costs
  • Action against Wellesley Hospital to proceed to trial as ordered by the Court of Appeal