The Crown is appealing the acquittal of Dr. Brian Nadler.
On July 2, Nadler was acquitted on four charges of First-Degree Murder and four counts of Criminal Negligence Causing Death in connection with the deaths of four patients at Hawkesbury and District General Hospital in 2021.
On July 30, the Crown Attorney’s Office announced it will appeal the acquittal to the Ontario Court of Appeal, the highest court in the Province of Ontario.
Nadler, 38, was initially charged with First-Degree murder in March 2021 in connection with the death of 89-year-old HGH patient Albert Poidinger. Police later laid three additional charges of First-Degree murder connected to the deaths of 80-year-old Claire Brière, 79-year-old Lorraine Lalande and 93-year-old Judith Lungulescu. Each had also been patients at HGH.
The pre-trial judge had decided to make certain evidence inadmissible, which made the crown unable to further prosecute the case, and resulted in the acquittal.
According to the Notice of Appeal filed by the Crown with the Court of Appeal on July 30, the grounds for the appeal are that a previous judge had erred by excluding or limiting evidence, and also erred by admitting certain evidence from experts representing the defence.
Nadler’s lawyer, Brian Greenspan, said every effort will be made to defend his client when the appeal is heard.
“In our view the appeal is without merit and we look forward to the opportunity to respond in the Court of Appeal,” Greenspan said.
Ontario Court of Appeal cases are heard in Toronto. Pre-trial proceedings in Nadler’s previous trial took place through the courthouse in L’Orignal, but the trial itself was held in Ottawa.
Nadler, along with his mother and sister, are also suing HGH for $20 million in damages for alleged defamation, abuse of process, and conspiracy, accusing HGH staff of making an abrupt, erroneous and defamatory decision to involve police, which resulted in Nadler being arrested and charged in 2021.
