On December 20th, 2023, Anna Lei and Hanna Rioseco of Borden Ladner Gervais LLP presented at the OBA Health Law Section – Case Law Update, summarizing recent important cases in the area. Both Anna and Hanna provided key takeaways from the three cases presented, which will be important to keep in mind for healthcare providers, individuals, and lawyers practicing within the field.
Anna Lei discussing Sherwani v Fargher, 2023 ONSC 20
Facts
The plaintiff in this matter worked at the West Parry Sound Health Centre (the “hospital”) as a surgeon, and sued the hospital, the CEO, and its chief of staff for the tort of misfeasance in public office and defamation.
The claim arose out of the hospital’s investigation into his surgical practice, which resulted in the plaintiff’s hospital privileges being revoked. The plaintiff alleged that the hospital, CEO, and chief of staff threatened and coerced him in bad faith to surrender his privileges to the hospital and defamed his character.
Relevant Legal Issues
The claim raised two notable legal issues, as related to the tort of misfeasance in public office. The first issue was whether the Ontario Superior Court of Justice had jurisdiction to consider the misfeasance in public office claim. The second issue was whether misfeasance of public office was applicable to the individual defendants in their capacities as CEO and chief of staff.
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