Mar. 27th, 2006

ciroccoj: (Stop)
Grossman v. Toronto General Hospital
(1983), 146 DLR (3d) 280 (Ont. HC)

Reid J: The action arises out of the death of Howard Grossman who is claimed to have been lost while a patient in the Toronto General Hospital ("The Hospital"). It is alleged that his body was discovered after 12 days in an air-duct shaft in the hospital.

The defence entered by the Hospital for itself and its staff amounts to a general traverse. Not even the death was directly admitted.

That document gave a hint of what was in store for the plaintiffs. The Hospital's affidavit on production revealed only one thing the Hospital had no objection to producing: the deceased's hospital record. That was the only entry made in the first part of the first schedule of the form (Form 23) required by the rules of practice.

Defendant's position is essentially this: plaintiffs have failed to establish that any documents exist that should be produced other than the deceased's medical record... When I expressed surprise that a 12-day search for a missing patient in a hospital would not have produced one scrap of paper relevant to the issues in this lawsuit Mrs. Farrer replied that any such piece of paper would be privileged, the Hospital having retained solicitors at a very early point.

... Reid then goes on to explain in detail why it is that the rules of discovery aren't there to make sure nobody gets to discover anything. The Hospital lost, by the way.

November 2012

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