Former U of C researcher attempts to collect pay for expert report
A former University of Calgary neuroscientist, who retracted nine scientific papers after it was revealed his research team manipulated data, made a failed attempt at a civil claim against an Alberta company Tuesday.
Dr. Cory Toth resigned from the U of C in March, 2014, after the school investigated. Toth moved to B.C. and began working as a neurologist at a Burnaby Hospital, but was in Edmonton on Tuesday seeking a provincial court judgment of $2,000 plus interest against Edmonton’s Western Medical Assessments for an independent medical exam he was retained to perform to support a civil court case in 2014. In his suit, Toth also named lawyer Michele Reeves, who hired Western Medical Assessments to find her an expert.
According to a dispute note filed by Reeves, three days after she disclosed Toth’s expert report to opposing counsel in September, 2014, Postmedia published a story about the retracted studies.
In its own dispute note, Western Medical Assessments argued it shouldn’t have to pay Toth because when he was hired he didn’t disclose he had been found to have “committed a breach of integrity” in his relationship with the U of C. Given the circumstances, Toth should have known his opinion wouldn’t be accepted by the court, the company argued.
But Toth argued the problems with the studies had no bearing on his standing as a physician, and that his ability to complete medical assessments was “never held in question.”
Toth defended his credibility as a clinician while being questioned by Western Medical Assessments CEO and medical director Dr. Roger Hodkinson. Toth testified Tuesday that he has continued to complete independent medical assessments, telling court he did four the previous week.
The judge dismissed Toth’s claim against Western Medical Assessments and Reeves. Some costs were ordered against both Toth and the company.