Case information

Charter of Rights — Judgments and orders — Interlocutory orders — Evidence — Appeals —Leave to appeal — Interlocutory order excluding documents relied upon by applicant in context of motions for summary judgments and partial summary judgment — Lower courts dismissing applicant’s applications for leave to appeal — Whether applicant has raised a matter of public importance — Whether applicant’s Charter rights were violated

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Between December 2015 and May 2018, the respondent physicians were involved in the treatment and care of Mr. Beazley in the emergency department or other departments of the respondent, Queensway Carleton Hospital. Mr. Beazley contended that owing to the doctors’ negligence, negligent misrepresentations and breach of fiduciary duties, there was a delay in diagnosing him with Lyme disease. He alleged he suffered numerous injuries and losses, and claimed general, special, punitive and aggravated damages. His claims against the respondent Hospital were based on negligence and vicarious liability. The Hospital and the respondent doctors brought separate motions for summary judgment to dismiss Mr. Beazley’s action. Mr. Beazley brought a motion for partial summary judgment, relying on numerous documents. The court invited the parties to provide the court with submissions on the admissibility of Mr. Beazley’s documents. Corthorn J. excluded a number of documents from evidence, and the Divisional Court dismissed Mr. Beazley’s application for leave to appeal from Corthorn J.’s order. The Court of Appeal dismissed Mr. Beazley’s application for leave to appeal.