Law 3101A/B Study Guide - Final Guide: Canada Evidence Act, Gynaecology, Obstetrics
Document Summary
Dr hill (obstetrician and gynecologist) agreed to refill plaintiff"s (male friend) migraine medication prescription via computer generated form (unusual for dr) Pharmacist sent warning to area pharmacists about suspicious prescription. Court held that warning was defamatory but concluded pharmacist could raise defense of qualified privilege. Pharmacist had duty to prevent misuse of prescriptions and communicated her concerns to other pharmacists who had a duty to receive the information. Pharmacist"s reaction may have been excessive - but she honestly/reasonably believed prescription had been forged. Court concluded that pharmacist had not acted with malice and upheld the defense of qualified privilege. Chapter 10 - confidentiality and privilege: v. gruenke (1991) Accused charged with 1st degree murder and prior to trail she admitted her role in the crime to her lay minister/pastor. Judge ruled that lay minister/paster had to testify because accused"s statements were admissible in evidence.
