Bellaire v. Daya, 2007 CanLII 53236 (ON S.C.)

  • December 07, 2007

Date: 2007-12-07 Joy J. |  Link

Class action. Invasive surgery for infertility. New standard of care. Hearing was for certification of a class action. "Counsel for the OPGT has requested that she be provided with a list of the identified Class members so that the OPGT can cross-check it against its register of guardians for mentally incompetent persons. The Hospital does not oppose, provided that the list is provided in a manner that is minimally invasive of Class member's privacy interests. To that end, the Hospital shall, as soon as reasonably possible, prepare and provide to Ms. Redden, counsel for the OPGT , a list setting out the names, dates of birth and last known addresses of the Class members. The list shall not include any medical information and shall not be titled in a manner that links the list to this action or to any doctor or medical condition. It shall be delivered on a password protected CD or "memory stick". It shall not be "saved" and no copies, electronic or otherwise, shall otherwise be made of the document. Ms. Redden shall designate a single individual to undertake the data base search under her supervision. The CD or "memory stick" shall be returned to the Hospital within 10 days. The Hospital shall coordinate with Ms. Redden the date on which the list is to be provided. The OPGT shall promptly provide Class counsel with the outcome of its search." [para 73]