Peterborough Regional Health Centre
Sotos LLP and Spiteri & Ursulak LLP (“Class Counsel”) are co-counsel in a proposed class action against the Peterborough Regional Health Centre, Sir Sanford Fleming College, Andrea Kay, Dana Gildon Cormier, Mandy Edgerton Reid, Dawn Deciocci, Jane Doe “A”, Jane Doe “B” and Jane Doe “C”.
This action is on behalf of all patients whose confidential medical records were wrongfully disclosed, misused, accessed, and whose confidentiality agreement with the Peterborough Regional Health Centre was breached by the Peterborough Regional Health Centre, the individual defendants and/or staff members of Sir Sanford Fleming College.
This action is based on the unauthorized accessing and disclosure of confidential medical records. Specifically, in or around 2011 to early 2012, approximately 280 patient records at the Peterborough Regional Health Centre were accessed by seven employees who did not require access to the records. The individuals whose records were improperly accessed were notified of the breach by telephone or regular mail and received letters regarding the breach from late 2011 to early Spring 2012. Click here to read the statement of claim.
Class counsel will seek to certify the action at the earliest opportunity.
- The Defendants brought a motion under Rule 21 to dismiss the Plaintiffs’ claim on the ground that the Personal Health Information Protection Act (“PHIPA”) was an exhaustive code that ousted the jurisdiction of the Superior Court to entertain any common law claim for invasion of privacy rights in relation to patient records. The Defendants’ motion was dismissed in the first instance by the Superior Court of Justice and on appeal to the Ontario Court of Appeal. On October 29, 2015, the Defendants’ request for leave to appeal to the Supreme Court of Canada was dismissed without costs.
Class counsel will now seek to certify the action. Further details regarding the certification process will be provided on this website as they become available.
- The Statement of Claim was filed on March 19, 2013