Honourable Coulter A. Osborne - Associate Chief Justice of Ontario
B.C. Supreme Court Justice Richard Blair, Kamloops, British Columbia
Justice Blair said:
[20] Dr. White deposed that he discussed the risks of the vasectomy with Mr. Postnikoff on both September 30 and November 5, 1994, before referring him to Dr. Morrow. Blair, J. BLAIR J.
B.C. Court of Appeal Madam Justice Ryan said:
[10] Dr. White deposed that he discussed the risks of the vasectomy with Mr. Postnikoff on both September 30 and November 5, 1994, before referring him to Dr. Morrow ... "Madam Justice Ryan"
[11] ... on September 30 and again on November 5, he discussed the risks with Mr. Postnikoff before sending him on to Dr. Morrow... "Madam Justice Ryan"
Expert Evidence Question #4
Question 4: |
4) Within his affidavit did Dr. Philip Anthony White depose that he had discussed possible risks of a vasectomy with Mr. Postnikoff on September 30, 1994? |
Expert Answer 4: |
4) Dr. White states at clause number 6 that, "On that occasion, I explained the procedure to him as I always do in such cases." He does not fully explain what he did say (if anything) in terms of discussing possible risks. Further information is needed to determine what Dr. White suggests was discussed on September 30, 1994. Referral to Exhibit "B" does not provide any help in determining what was discussed. ... John David McGreevy, Barrister & Solicitor. |
WARNING! Judges allegations not found within the evidence.
The Truth:
Judge Blair Alleged Evidence that Favored the doctors failed to appear anywhere.
There is no evidence presented by Dr. White in his affidavit to support Justice Blair's and Justice Ryan's allegations that an alleged discussion of risk took place. the Truth is these alleged discussions never took place. Fraud is claimed on an alleged consent and alleged evidence that failed to appear.
Justice Blair said:
[11] I conclude that a decision in these Rule 18A applications ought not be precluded solely because Mr. Postnikoff is unrepresented. I am further satisfied that from the material filed in these applications I can find the facts and make conclusions on contradictory evidence as are necessary to reach judgment and that to do so would not be unjust: ... "Blair, J." BLAIR J.
[16] ... However, I find that the material provides me with the requisite base upon which to reach conclusions on the issue of consent. "Blair, J." BLAIR J.
Honourable Coulter A. Osborne; Associate Chief Justice of Ontario said:
Mr. Justice Blair did explain to you at the hearing that a summary trial was conducted on the basis of affidavit evidence. Your allegation that the judge did not permit the examination of witnesses cannot be sustained since this was a summary trial and not a trial. Honourable Coulter Osborne Associate Chief Justice of Ontario Honourable Coulter A. Osborne; Associate Chief Justice of Ontario.
Warning!!
The Plaintiff requested a trial: (The following is from real Court documents.)
40. It is respectfully submitted that the Notice of Motion be set aside on the grounds that the Honourable Court should be allowed to examine all the material facts and all the evidence that is to be presented at the trial and the examination of all the witnesses; and that a proper examination of the evidence and the facts may not be possible during this Notice of Motion. Important details that I wish to present to the Honourable Court to assist the Honourable Court in making its final ruling.
I respectfully request that the Notice of Motion be set aside so that the defendants Dr. Philip Anthony White and Dr. Donald Ray Morrow; The Kelowna and District Hospital Society provide its nurses, emergency room physician and all persons having first hand, direct or personal knowledge of the facts so they are available to me by the defendants for cross examination at trial.
Mr. Postnikoff disputed Judge Blair's claims as untrue from the beginning. Fraud is Claimed.
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