Ovari v. Brant Community Healthcare System
Tomas Ovari
Law Firm / Organization
Self Represented
Brant Community Healthcare System/Brantford General Hospital
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Matthew Umbrio

Dr. David McNeil/President & CEO
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Matthew Umbrio

Penmarvian Retirement Home
Law Firm / Organization
Not Specified
Grand River Estates Retirement Home
Law Firm / Organization
Not Specified
LHIN/Home and Community Care Support Services
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Matthew Umbrio

Facts: Tomas Ovari sued the Brant Community Healthcare System and others, alleging misconduct in the care of his mother at Penmarvian Retirement Home and Brantford General Hospital from 2016 until her death in 2020. He sought $10 million in damages for mental distress, negligence, kidnapping for profit, murder, and Charter violations.

Issues: The key legal question was whether Ovari’s claims disclosed any reasonable cause of action, or if they were frivolous, vexatious, and an abuse of process.

Court's Ruling: Justice Broad struck out Ovari’s claim without leave to amend, finding it disclosed no reasonable cause of action. The court deemed the allegations against David McNeil, CEO of the hospital, and the claims of murder, kidnapping for profit, and Charter violations as baseless.

Costs/Damages: Ovari was ordered to pay $7,500 in costs to the Hospital Defendants.

Superior Court of Justice - Ontario
CV-2200000237-0000
Civil litigation
$ 7,500
Defendant