College To Hand Over Documents To Goudge Inquiry;

The College of Physicians and Surgeons of Ontario will hand over documents subject to a summons served on it by the Goudge inquiry, the Charles Smith Blog has learned.

The College had challenged the summons on the basis of statutory provisions requiring patient confidentiality. (See early posting: "Goudge Inquiry Faces Legal Challenge);

But Justice Stephen Goudge ruled that the documents - mainly relating to three complaints to the College against Smith - were relevant to the Commission's mandate. (See earlier posting: Commissioner Directs College To Produce Documents);

A College spokesperson told this Blog earlier today that Goudge's ruling has cleared the way to the production of the documents.

In a related development, Goudge has granted the College standing to participate in the Inquiry through counsel. (If you can't beat them join them!)

Goudge ruled Wednesday on the College's application for standing, that the College's "oversight role" over pathologists comes within the scope of the review that the Commission must undertake - and that the College may be affected by the Commission's recommendations.

More particularly, Goudge noted that the Commission will be probing "how effectively" the three complaints were dealt with by the Commission.

Harold Levy;