Falconer Charney LLP Leave to Appeal Feb 24 2013
February 25, 2013
In the context of their “gag clause” Application, Shawn and Tricia Drennan sought to examine the Chief Medical Officer of Health, Dr. Arlene King, about the “data gaps” in current studies on the health effects of wind turbines. Instead of submitting to an examination, Dr. King retained government lawyers to resist the Drennan family’s attempt to obtain her evidence.
On July 18, Justice Sanderson, of the Superior Court of Justice, granted the Drennan family the right to examine Dr. King. Justice Sanderson rejected government arguments that the Drennan family’s summons of Dr. King was an abuse. Justice Sanderson quashed the lower court ruling by Master Haberman, in which the Master was described as, amongst other things, giving too much weight to the fact that the Chief Medical Officer was a “high ranking official”.
Despite Justice Sanderson’s decision, Dr. Arlene King has refused to submit for examination regarding the “data gaps” and has been successful in seeking leave to appeal Justice Sanderson’s decision to the Ontario Court of Appeal. No date has yet been set for the appeal.
The decision of Justice Sanderson can be found at: http://www.falconercharney.com/Falconer/documents/2012.07.18SandersonJ.decision_000.pdf
For more information on the Drennan Family’s application please see:
For further information please contact Odi Dashsambuu at (416) 964-3408 ext. 248)