Vandergiessen v. Trillium Health Centre (Mississauga)

Vandergiessen v. Trillium Health Centre (Mississauga)

The motion judge erred in granting summary judgment solely because the appellant lacked expert opinion; allegations that statutory procedures and conditions for involuntary committal and Charter breaches occurred can be triable issues that do not necessarily require expert evidence, and the respondents failed to show there was no triable issue.

Citation
2010 ONCA 379
Parties
Appellant/plaintiff: Yvonne Vandergiessen; Respondent/defendant: Mississauga Hospital; Respondent/defendant: Dr. K. McIntyre; Respondent/defendant: Dr. M.A. Virey; Respondent/defendant: Peel Police Services Board; Respondent/defendant: Halton Police Services Board; Respondent/defendant: Officer Joan Wilson - Badge No 1908; Respondent/defendant: Officer N. Sachdeva - Badge No 1940; Respondent/defendant: Security Guard Wes Cheshire - Badge No 20633; Respondent/defendant: Security Guard Mark Borba - Badge No 20531; Respondent/defendant: Carecor Health Services Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
6 May 2010
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal allowed; summary judgment set aside
Legal Topics
Summary Judgment, Standard of Care, Involuntary Committal, Expert Evidence, Statutory Procedure, Charter Breach
Source Language
English
Medical Negligence Mental Health Law Administrative Law Constitutional Law Civil Procedure Summary Judgment Standard of Care Involuntary Committal +3 more

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Parties

Yvonne Vandergiessen

Appellant/plaintiff

Mississauga Hospital

Respondent/defendant

Dr. K. McIntyre

Respondent/defendant

Dr. M.A. Virey

Respondent/defendant

Peel Police Services Board

Respondent/defendant

Halton Police Services Board

Respondent/defendant

Officer Joan Wilson - Badge No 1908

Respondent/defendant

Officer N. Sachdeva - Badge No 1940

Respondent/defendant

Security Guard Wes Cheshire - Badge No 20633

Respondent/defendant

Security Guard Mark Borba - Badge No 20531

Respondent/defendant

Carecor Health Services Limited

Respondent/defendant

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the motion judge properly granted summary judgment based solely on absence of expert opinion
  2. 2 Whether claims alleging failure to follow statutory procedures and conditions for involuntary committal can be established without expert evidence
  3. 3 Whether respondents discharged their burden on summary judgment to show there was no triable issue

Ratio Decidendi

The motion judge erred in granting summary judgment solely because the appellant lacked expert opinion; allegations that statutory procedures and conditions for involuntary committal and Charter breaches occurred can be triable issues that do not necessarily require expert evidence, and the respondents failed to show there was no triable issue.

Court Disposition

Appeal allowed; summary judgment set aside

Orders

  • Summary judgment dismissing claims against respondents Dr. McIntyre, Dr. M.A. Virey and Mississauga Hospital set aside
  • Costs of the appeal to the appellant fixed at $10,000 inclusive of disbursements and GST