This was a motion by the defendant, Dr. Fine to consolidate two cases. The plaintiff, Andrew Sommerville was stabbed repeatedly by an armed assailant, Mr. Botelho. One of the stabbing injuries was directly under Andrew’s right kneecap. Andrew was taken to hospital where he was assessed by emergency room physician, Dr. Fine. It is alleged that Dr. Fine failed to properly assess the stab wound to Andrew’s knee, which resulted in a significant delay in treatment of a lacerated patellar tendon. It is alleged that the delay in diagnosis resulted in the retraction of the patellar tendon and the need for multiple surgeries and a permanent disability for Andrew Sommerville. Andrew will likely struggle with his knee for the rest of his life and it has severely impacted his ability to work. Dr. Fine brought a separate lawsuit against the assailant, Mr. Botelho and then tried to have the two cases merged together, arguably in an attempt to deflect the blame for Andrew’s ongoing disability. Master Graham heard this motion, which was opposed by Mr. Sommerville. The Master found that the two lawsuits should not be consolidated. Simply put, Mr. Sommerville was not seeking full compensation from Dr. Fine for the entirety of his injury, including the stabbing itself. Rather, the Master agreed with Mr. Mladenovic’s submission that Andrew was simply seeking compensation for the delay in diagnosis and management of the lacerated patellar tendon, since earlier diagnosis would have resulted in a much better outcome for Andrew. As such, Mr. Botelho’s actions were found to be irrelevant to the issue of whether Dr. Fine appropriately assessed Andrew’s knee and whether earlier diagnosis and treatment would have led to a better outcome for Andrew. This case is going to trial in the next year.
Fine v. Botelho; 2015 ONSC 6284 – Reasons for Decision (Plaintiff’s motion to consolidate)