A PRIMER ON THE LAW OF DEFAMATION IN ONTARIO
"Defamation is
comprised of two subcategories between libel (libel refers to written
defamatory statements)and slander(broadcasting of spoken defamatory
words)
Proving a Claim in Libel and/or Slander
"the statement must be false!"
Defences to Actions in Libel and Slander
TRUTH--
"The first defence is the defence of truth. The defence can be made
that the statement was truthful and therefor there was nothing false
about the statement, meaning therefore, that the statement was not
defamatory."
FAIR COMMENT--
"The second defence to an
allegation of libelous statement is that the statements made were made
as a fair comment. The defence of fair comment would be considered by
the Court in situations where, by looking at the statement made, the
facts and the situation, a conclusion can be made that the statements
made were in actuality a fair commentary on the situation at hand and
that the comments were fair and were not malicious."
QUALIFIED PRIVILEGE--
"The defence of qualified privilege arises normally in situations where
the individual publishing these statements will escape any liability if
it can be proven that the public good could be furthered in open
debate. -- especially considering the numerous deaths which occurred
after my daughter's death and the one in Dec of 2012. Who really knows the real total being concealed by all?
*******************************************************
A PRIMER ON THE LAW OF DEFAMATION IN ONTARIO
"Defamation is
comprised of two subcategories between libel (libel refers to written
defamatory statements)and slander(broadcasting of spoken defamatory
words)
Proving a Claim in Libel and/or Slander
"the statement must be false!"
Defences to Actions in Libel and Slander
TRUTH--
"The first defence is the defence of truth. The defence can be made
that the statement was truthful and therefor there was nothing false
about the statement, meaning therefore, that the statement was not
defamatory."
FAIR COMMENT--
"The second defence to an
allegation of libelous statement is that the statements made were made
as a fair comment. The defence of fair comment would be considered by
the Court in situations where, by looking at the statement made, the
facts and the situation, a conclusion can be made that the statements
made were in actuality a fair commentary on the situation at hand and
that the comments were fair and were not malicious."
QUALIFIED PRIVILEGE--
"The defence of qualified privilege arises normally in situations where
the individual publishing these statements will escape any liability if
it can be proven that the public good could be furthered in open
debate. -- especially considering the numerous deaths which occurred
after my daughter's death and the one in Dec of 2012. Who really knows the real total being concealed by all?
*******************************************************
Freedom of Information Ontario April 15, 2013
Mr. Arnold Kilby 888 Country Road 2 Lansdowne, ON KOE 1LO
Dear Mr. Kilby:
SUBJECT: REQUEST NUMBER
CSCS-A-2013-01084
This letter is in reference to your
request submitted to the Ministry of Community Safety and Correctional Services under the Freedom of
Information and Protection of Privacy Act (the
Act) in which you seek access to records held by the Office of the Chief
Coroner (OCC).
As you will recall, you have requested to access the following
information:
OCC records of any death investigations
involving a named physician from July 2006 to
2013 The requester does not require the names of the deceased individuals.
OCC records containing the specifics
related to the Humber River Regional Hospital
Review that took place in 2010 - information sent to the hospital by the OCC
and/or received by the OCC from the hospital.
In accordance with Section 27 of the Act,
please be advised that an extension of time is required in order for the Ministry to process your
request. The time extension is required for the purposes of
external consultation.
Your request is being extended by 60 days. The Ministry
anticipates responding to your request by June 24, 2013.
..12
Mr. Arnold Kilby
Page two
The decision to extend the time limits of your request
was made by the undersigned. You are entitled to appeal this decision
within 30 days to:
Information and Privacy Commissioner/Ontario (IPC) 2 Bloor Street
East, Suite 1400 Toronto, ON M4W 1A8 (416)326-3333
Should you decide to file
an appeal, please provide the IPC with:
1.
a copy of this decision letter;
2.
a copy of your original request for access to
information;
3.
the mandatory appeal fee of $25.00 in the form of a
cheque or money
order made payable to the Minister of Finance.
order made payable to the Minister of Finance.
Should you have any questions regarding the foregoing, please do not
hesitate to contact the undersigned at (705) 494-3077.
Sincerely,
Marlene Gillis Deputy Coordinator Freedom of Information and Protection of
Privacy Services
Marlene Gillis March
21, 2013
Deputy Coordinator,
Freedom of Information and Protection of Privacy Services
Re: Request Number
CSCS-A-2013-01084
Dear Ms Gillis,
With respect to your two phone
calls, I have an answering machine and there were no messages left from you.
With respect to the first part of my request.
There is no way I can believe that the
Chief Coroner’s Office or any local coroner’s office would not know the
surgeon’s name with regard to a death investigation taking place within 30 days
of a surgery taking place.
The Chief Coroner’s Office would know the name of the
surgeon even if it were coded. They
would have that information and it should be accessible to the public.
I am seeking access to the records of any
death investigations involving this surgeon, Dr. Klein, by the OCC from after
my daughter’s death in July of 2006 to the present. I do not require the names of the deceased.
Why will the OCC be less than cooperative?My daughter bled to death within 12 hours after being released from the Humber River Regional Hospital (Finch Street Site) in July of 2006. The local coroner, Dr. Hinton from Kingston stated that my daughter’s death had been identified as being unusual and that the Chief Coroner’s Office would be further investigating it. He had stated that my daughter should not have died!! Now, I did not know until a couple of years later, when it publicly announced that this hospital had the second highest in-hospital mortality rate in all of Canada. So, one can presume this is why the Chief Coroner’s Office was investigating my daughter’s death
Why will the OCC be less than cooperative?My daughter bled to death within 12 hours after being released from the Humber River Regional Hospital (Finch Street Site) in July of 2006. The local coroner, Dr. Hinton from Kingston stated that my daughter’s death had been identified as being unusual and that the Chief Coroner’s Office would be further investigating it. He had stated that my daughter should not have died!! Now, I did not know until a couple of years later, when it publicly announced that this hospital had the second highest in-hospital mortality rate in all of Canada. So, one can presume this is why the Chief Coroner’s Office was investigating my daughter’s death
In 2010, I was
contacted by someone within the hospital that informed me that during 2009 to
February of 2010, the Coroner’s Office was coming to this hospital numerous
times--- like a revolving door!!
Now, the Chief Coroner’s Office
expected me to be satisfied with its findings that were extremely flawed. So, I suspect that this Office was covering
up pre and post- operative neglect by this surgeon and have done so ever
since. I do have a complaint in with the
Death Investigation Oversight Council that has been stalled for over two
years. You will find that the
Chief Coroner’s Office will be less than cooperative with any request by you
for information concerning this surgeon and other deaths after my daughter’s
which there have been many.
This Office is covering up its own neglect!
My complaint against this Office is:
They failed to:
- Conduct a death investigation in a manner that is effective and accountable.
- Conduct a high quality death investigation to ensure that no death will be over looked, concealed or ignored. (By basing all of their decision on a medical expert consultant whose report omitted numerous crucial factors)
- To help improve public safety and prevent deaths in similar circumstances (apparently there were 6 more deaths by the bariatric department of this hospital during 2009 and up to Feb. 2010 under similar circumstances—it is almost impossible for me to obtain the details but the Chief Coroner’s Office and the hospital would have them-----these deaths may have been prevented if my daughter’s death was thoroughly investigated) by denying my request for my daughter’s death to go before the Patient Safety Death Committee and denying my daughter’s death be looked into by the Eastern Ontario Coroner through a review. (I know that legislation prohibited me from questioning the denial of a public inquest which I feel definitely limits a citizen’s right to appeal a wrong decision)
- Making sure their concerns and needs of grieving families are met as this office has refused repeatedly to answer specific questions and concerns I have had and relayed to them. They have also refused to communicate with me via telephone, faxes, e-mails.
They failed by:
5. Overlooking, concealing and
ignoring crucial factors related to my daughter’s care or lack of care which in turn did factor
into her death
This office
could have prevented further deaths if they had of granted any of the
following:
1. Declined my request for a public inquest.
2. Declined my
request for my daughter’s death to go before the Patient Safety Death Panel.
3. Declined my
request for an Eastern Ontario Coroner’s Review
4. Declined
MPP, now Senator, Robert Runciman’s request to reconsider the public inquest.
5. Declined my
request for the Chief Coroner to assemble a Chief Coroner’s Panel to look into
Dr. Lauwer’s decision and death investigation
6. Declined the
Ombudsman’s Office of Ontario’s request to meet with me.
7. Declined an
OPP Detective’s request to meet with me.
With respect to the second part of my request.
I know that
the COO were involved in the external review by HRRH in some manner or another
(perhaps by putting forth “friendly pressure” on the hospital to initiate one
before the COO took over and did one)
So, what I am requesting is specifics related to the Hospital’s review
that took place in 2010 involving information sent to the Hospital by the OCC
and/or received by the OCC from the hospital.
Again, you will find that
the Chief Coroner’s Office will be less than cooperative with any request by
you for information concerning this surgeon and other deaths after my
daughter’s which there have been many. (last one—Dec, 2012—a 27 year old girl.
Respectfully yours,
A W Kilby
Ministry of Community Safety and
Correctional Services
Freedom of Information and Protection of Privacy
200 First Avenue West
North Bay, Ontario
P1B 9M3
Facsimile 416 -212-6769
Telephone (705) 494-3080
Toll Free 1-855-273-3080
Marlene Gillis Deputy July
22, 2013
Coordinator Freedom of Information and Protection
of Privacy Services
Dear Ms
Gillis,
According to your
letter of April 15, 2013, I was expecting the information but thus far have
received nothing.
“Your request is being
extended by 60 days. The Ministry anticipates responding to your request by
June 24, 2013.”
Could you please
e-mail me at: awkilby@hotmail.com as to when I
will be receiving the information requested.
ASAP
Since my request, Dr.
Andrew McCallum is no longer the Chief Coroner of Ontario and Dr. Lauwers has
also left the CCO.
As well, I am
apparently going to have the Death Investigation Oversight Council’s decision
with respect to my complaint against the two parties mentioned above by late
July or early August. I was hoping to
have the Freedom of Information request received prior to their final
decision. I guess it’s too late for
that, but I still need the information as this surgeon has another young
patient die at his hands this past December.
There has been a cover-up involving all the institutions that are
supposedly responsible for transparency and accountability for patient safety
in Ontario. My MPP is waiting for me to
send him a copy, as well.
Respectfully yours, Arnold W Kilby
***************************************
With respect to my request under the Freedom of Information
Act.
Description of Records or Correction Requested.
I would like access to all records pertaining to
deaths investigated by the Chief Coroner's Office and/or Coroner for Humber River
Regional Hospital,
Finch Street Site. Only the deaths whereby Dr. Laz Klein was the surgeon. Included in this request should be all
informtion to the temporary shut down of this Hospital Department in 2010 due
to numerous deaths which occurred between 2009 and February of 2010 and an
external expert brought in to evaluate. I do not require the names of the deceased.
Dr.John Hagen, Dr. Klein's partner in MIS surgery
operating out of Humber River Regional
Hospital, delivered this presentation
during May 2010 in Montreal
as part of a symposium on diabetes.
"Over a
six month period Septemeber 2009 - February 2010 there were five deaths within
30 days of surgery.
With the help of the coroner's office, the program was
shut down while an external review was done by an outside expert."
The Chief Coroner's Office will fight this
request with all their might. Why? They
did an absolutely inept death investigation of my daughter in 2006. I have a complaint against them and it is
being heard by the DIOC.
Their inept death
investigation allowed the above surgeon to continue as is and this obviously
led to more deaths that could have been prevented had the Chief Coroner's
Office acted on my concerns.
PLEASE SEND A COPY OF YOUR DECISION TO MY MPP, STEVE
CLARK
******************************************************************
Most
of what was sent was absolutely useless.
The first 50 pages had to do with bariatric surgeries----basically from
some medical journal or article--- nothing to do with my request. The remaining pages contained numerous
“whitened out” sections.
****************************************************
However some important material as
below:
From Dan Cass, Regional Supervising
Coroner, Toronto
West
Meeting to Review Bariatric Surgery
Deaths
Humber River Regional
Hospital
January 12, 2010
“A meeting was held between the
Office of the Chief Coroner and Humber River Regional Hospital (HRRH) to
discuss the recent cluster of bariatric surgery post-operative deaths.
Present were:
-Dan Cass, Regional Supervising
Coroner, Toronto
West
-Dr. Jack Barkin, Chief of Staff
-Scott Jarrett, VP, Patient Services
(responsible for the bariatic surgery program)
-Barb Collins, Chief Operating
Officer
-Mary Latter,k Administrative
Director, Medical Affairs
We reviewed the scope and history of
the HRRH bariatric surgery program(they are doing 350-400 cases / yr,”
The remainder was “whitened out”
The recommendations / next steps coming out of today are as
follows:
(1)
The remainder was “whitened
out”
(2)
The remainder was “whitened
out”
(3)
The remainder was “whitened
out”
Dan Cass MD FRCPC
************************************************************************
Cass, Dan (JUS)
From Cass, Dan (JUS)
Sent: November, 10,
2009 7:31 AM
To: Dan Cass (JUS)
Subject: Note to
File re: Bariatric deaths –HRRH
November 9, 1610h – spoke with Dr. Jack Barkin, (Chief of
Staff, HRRH)
The remainder was “whitened out”
November 9, 1700h –spoke with Dr. Lauwers
The remainder was “whitened out”
November 9, 1715h –spoke again with Dr. Barkin (after
attempts to page him via locatine between 1715 and 1830h
The remainder was “whitened out”
November 9, 1900 hours –spoke with Dr. Lauwers and related
the outcome of my discussions with Dr. Barkin. Will discuss further on November
10,
The remainder was “whitened out”
Dan Cass BSc, MD, FRCPC
Regional Supervising Coroner
Central Region – Toronto
West Office
Office of the Chief Coroner
26 Grenville Street
Toronto, ON, M7A 2G9 Tel: (416)
314-4105 Fax: (416) 314-4030
e-mail: dan.cass@ontario.ca
*******************************************************************
Cass, Dan (JUS)
From Cass, Dan (JUS)
Sent: November, 10,
2009 7:31 AM
To: Dan Cass (JUS)
Subject: Note to
File
Spoke with Dr. Barkin this afternoon and reviewed his plan
for investigation and follow-up of the bariatric deaths:
(1) A QCIPA review
had already been initiated for one of the cases
Whitened Out this will proceed as soon as
possible
(2) The remainder was “whitened out”
(3)
The remainder was “whitened out”
(4)
Dr. Barkin will iniate an external review whitened Out
I have asked Dr. Barkin to provide me
with the names of these whitened Out cases in order to determine if the
Coroner’s Office has already done investigation in these cases
Dr. Barkin has committed to providing
me with information on the outcome of these measures.
Dan Cass BSc, MD, FRCPC
Regional Supervising Coroner
Central Region – Toronto
West Office
Office of the Chief Coroner 26 Grenville Street Toronto, ON, M7A 2G9
************************************************************************
From Cass, Dan (JUS)
Sent: January 3, 2010 4:10 PM
To: Lauwers, Bert (JUS), Pollanen, Michael (JUS), Rose, Toby
(JUS)
Subject: Post of
bariatric death
Trevor Gillmore called me this afternoon; he is
investigating a post-op death following bariatric surgery at HRRH – Finch. I believe this is a whitened out
Trevor is in the midst of reviewing this at present.
The
remainder was “whitened out”
In terms of follow up whitened out I have
had a number of discussions with their Chief of Staff. They have done internal QCIPA reviews.
The remainder
was “whitened out”
Dan Cass BSc, MD, FRCPC
Regional Supervising Coroner
Central Region – Toronto
West Office
Office of the Chief Coroner
26 Grenville Street Toronto, ON,
M7A 2G9
*************************************************************
February 8, 2010
Memorandum
To: Bert Lauwers,
Deputy Chief Coroner, Investigations
From: Dan Cass,
Regional Supervising Coroner, Toronto West
Re: Bariatric Surgery
Death
____________________________________________________________
Bert
The
remainder was “whitened out”
Let me know if I can help in any way; otherwise look forward
to meeting tomorrow to discuss the cases and our approach to our meeting with
HRRH
********************************************************************
February 11, 2010
Via Fax No. 416 -243-4547
Dr. Rueben Devlin
President and CEO
Humber River Regional Hospital 200 Church Street Weston, ON M9N 1N8
Dear Dr Devlin:
As you know, the Office of the Chief Coroner has been
investigating whitened out post-operative deaths which have taken place in
patients following laparoscopic bariatric surgery at Humber River Regional
Hospital
whitened out we have been
working closely with Dr. Jack Barkin and your leadership team in an attempt to
better understand these deaths and to assist in preventing subsequent deaths in
this patient group. Throughout these
discussion, the team has been open and responsive and has clearly demonstrated
a commitment to this goal.
From our perspective, we are focusing specifically on whitened out deaths which have taken place between whitened out
In addition to these whitened out deaths, we have also reviewed whitened out additional
post-operative bariatric deaths which took place between whitened out
Yesterday, Dr. Dan Cass, Regional Supervising Coroner for Toronto and I met with the leadership team of the
Bariatric Surgery Program at Humber to review
the most recent death and to discuss next steps. There were five points on which there was
full agreement:
- whitened out
- whitened out
- whitened out
- whitened out
- whitened out
It is understood that as part of
the external review, the retained reviewer would have to observe individual
surgeons conducting these procedures.
The Office of the Chief Coroner
remains committed to working with Humber
River Regional
Hospital to address this
issue. This includes, but is not limited
to, providing
Humber River Regional Hospital
with the detailed post-mortem examination findings from these deaths as
permitted under Section 18(3) of the Coroners Act, for the purposes of assisting
with the external review.
In closing, thank you for the
ongoing cooperation that our Office has received from Humber River Regional
Hospital, and we look forward to working closely on the plan set out in the
letter.
Yours truly,
AE Lauwers, MD, CCFP, FCFP
Deputy Chief
Coroner—Investigations
- Ms Kim Baker CEO
Central Local Integration Network
Ms Kathryn McCulloch
Director
LHIN Liaison Branch
Now, within the papers I received through the Freedom of
Information request there are four sheets with the exact same exemption
statement. I believe since my request
was about deaths associated with Dr. Klein, these would have been deaths
investigated by the Chief Coroner’s Office after Terra’s death I 2006.
Should the public not be made aware of pertinent information that has
been concealed by all?
REQUEST NUMBER: CSCS –A- 2013-01084 --my request number
Pages 110 to 123 have been exempted pursuant
to sections 21(1), 21(2)(f) and 21(3)(a) of the Freedom of Information and
Protection of Privacy Act.
Type of Document: Coroner’s Note
____________________________________________________
REQUEST NUMBER: CSCS –A- 2013-01084 --my request number
Pages 125to 162 have been exempted pursuant
to sections 21(1), 21(2)(f) and 21(3)(a) of the Freedom of Information and
Protection of Privacy Act.
Type of Document: Coroner’s Investigation Records.
Completely whitened
out
_________________________________________________________________
REQUEST NUMBER: CSCS –A- 2013-01084 --my request number
Pages 163 to 167 have been exempted
pursuant to sections 21(1), 21(2)(f) 21(2)(h) and 21(3)(a) of the Freedom of
Information and Protection of Privacy Act.
Type of Document: Correspondence
Completely whitened
out
REQUEST NUMBER: CSCS –A- 2013-01084 --my request number
Pages 168 to 213 have been exempted
pursuant to sections 21(1), 21(2)(f) and 21(3)(a) of the Freedom of Information
and Protection of Privacy Act.
Type of Document: Coroner’s Investigation Notes
Completely whitened out
SO, IT IS QUITE EVIDENT THAT THERE WERE AT LEAST FOUR DEATHS
The public has the right to know much of the information which
has been redacted in order to protect the reputations of the Chief Coroner and
Deputy Chief Coroner.
THIS IS AN ABUSE OF THE FREEDOM OF INFORMATION ACT!
 |
Access or Correction RequestFreedom of Information and Protection of Privacy ActMunicipal Freedom of Information and Protection of Privacy Act |
||||||||||
Please see
instructions on page 2 before filling out this form
|
|||||||||||
A. |
Type of Request |
||||||||||
Access to general records (non-personal
information)
Access to own personal information
Access to other’s personal information by
authorized party
Correction of own personal information
|
|||||||||||
Name of
institution request made to
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL
SERVICES
Freedom of Information and Privacy Coordinato
|
|||||||||||
B. |
Requester’s Information |
||||||||||
Last name
Kilby
|
First name
Arnold
|
Middle initial
W
|
|||||||||
Unit/Apt. no.
|
Street no.
888
|
Street name
Country Rd 2
|
PO box
|
||||||||
City/Town
Lansdowne
|
Province
Ontario
|
Postal code
K0E 1L0
|
|||||||||
Home phone no. (include area code)
1-613-659-2906
|
Business/Mobile phone no. (include
area code & extension)
|
||||||||||
C. |
Description of Records or Correction Requested |
||||||||||
I would like access to all records pertaining to
deaths investigated by the Chief Coroner's Office and/or Coroner for Humber
River Regional Hospital, Finch Street Site.
Only the deaths whereby Dr. Laz Klein was the surgeon. Included in this request should be all
informtion to the temporary shut down of this Hospital Department in 2010 due
to numerous deaths which occurred between 2009 and February of 2010 and an
external expert brought in to evaluate.
I do not require the names of the deceased.
Dr.John Hagen, Dr. Klein's partner in MIS surgery
operating out of Humber River Regional Hospital, delivered this presentation
during May 2010 in Montreal as part of a symposium on diabetes.
"Over a
six month period Septemeber 2009 - February 2010 there were five deaths
within 30 days of surgery.
With the help of the coroner's office, the program
was shut down while an external review was done by an outside expert."
The Chief Coroner's Office will
fight this request with all their might.
Why? They did an absolutely inept death investigation of my daughter
in 2006. I have a complaint against
them and it is being heard by the DIOC.
Their inept death
investigation allowed the above surgeon to continue as is and this obviously
led to more deaths that could have been prevented had the Chief Coroner's
Office acted on my concerns.
PLEASE SEND A COPY OF YOUR DECISION TO MY MPP, STEVE
CLARK
|
|||||||||||
Time period of the
records
|
Method of access
Receive copy Examine original (on site only)
|
||||||||||
From (yyyy/mm/dd)
2008/01/10
|
To (yyyy/mm/dd)
2013/03/01
|
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D. |
Payment and Signature |
||||||||||
$5 application fee
Cheque Cash (in person only)
|
Signature
|
Date (yyyy/mm/dd)
2013/03/10
|
|||||||||
Personal information
contained on this form is collected under the Freedom of Information and Protection of Privacy Act or Municipal Freedom of Information and
Protection of Privacy Act and will be used to answer your request.
Questions about this
collection should be directed to the Freedom of Information and Privacy
Coordinator at the institution where you make the request.
|
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E. |
Institution Use Only |
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Date received (yyyy/mm/dd)
|
Request
no.
|
Comments
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