B.C.'s Appeal Court has ruled that a former convict can sue a psychiatrist over allegations the doctor was negligent in certifying him under the Mental Health Act.
Clay Stewart claims that while he was in prison, Dr. Ian Postnikoff wrongly certified him and then treated him for a mental disorder without his consent.
Stewart also claims Postnikoff was complicit with the Vancouver Police Department in issuing a news release that he was a high-risk sex offender although he has never been convicted of any sexual offence.
Stewart claims Postnikoff didn't conduct an interview with him and instead reached his conclusion from forms given to him by another doctor, something Stewart says is against the Act.
While Appeal Court Judge Nicole Garson dismissed the claim that Postnikoff was involved with the news release, she has ordered a new trial on the claim of negligence and breach of the Mental Health Act.
Garson ruled that Stewart has an arguable case on the issue that the necessary findings of fact can't be made on the basis of a written record.
