Wrongfully accused mom can sue pathologist: Appeal Court

An Ontario womanwrongfully put behind bars for her daughter's death has won the right to sue a pathologistwho performed a flawed autopsy.

In a landmark decision expected to open the doorsfor othersfalsely accused, a three-judge Ontario Court of Appeal panel decided Wednesdayto allow Louise Reynolds to move forward with her lawsuit against former Toronto pathologist Dr. Charles Smith.

The Kingston woman was mistakenly charged with murder and spent two years in jail after Smith concluded from an autopsy that Reynolds's seven-year-old daughter had been stabbed to death. An autopsy by other pathologists later determined the girl had been mauled by a pit bull.

Reynolds was earlier denied the right to sue Smith because of a 2005 ruling by Ontario's Divisional Court that experts cannot be sued for giving professional opinions in court cases.

Reynolds' lawyer argued the witness protection rule should not cover a pathologist's investigation which should be seen as separate from testimony.

Other botched cases

The Kingston woman'slawsuit claims Smith performed the autopsy negligently, recklessly and in bad faith.

Smith's involvement in 44 other cases is under review by Ontario's chief coroner.

Among the several well-known cases is aPeterborough mother falsely charged with killing her two-year-old daughter on the basis of Smith's findings. She accused Smith of withholding evidence that might have identified the girl's killer.

Late last year, the case concluded when a 24-year-old man pleaded guilty to manslaughter in the child's death.

The discredited pathologist moved West in 2005.

Last month, hepleaded guilty to a charge of unprofessional conduct.

The Saskatchewan College of Physicians and Surgeons said he didn't disclose that he was the subject of an investigation in Ontario when he applied for a licence to practise in the province.