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Man claims TV actor witnessed rectal exam

Benjamin Ayers, in a scene from 'Saving Hope.'. Handout

Editor’s Note: The lawsuit filed by Fisher against Brampton Civic Hospital, William Osler Health System, Roberta Hood, Maggie Gilmour, Erica Durance, Benjamin Ayers, CTV Television Network LTD., Bell Media, Bell Canada Enterprises Inc., ICF Films and Hope Zee One Inc., was dismissed by the Ontario Superior Court of Justice on June 27, 2017.

TORONTO – An Ontario hospital patient is suing a Saving Hope actor and researcher for allegedly misrepresenting themselves as medical students or doctors and participating in an “invasive” physical examination.

William Fisher says that Benjamin Ayres, who plays Dr. Zachary Miller on the popular CTV hospital drama, and Maggie Gilmour, described in the suit as a “medical researcher” for the show, “intentionally and/or negligently” misrepresented their true identities while he was a patient at Brampton Civic Hospital in 2012.

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His lawyer Douglas Elliott, a partner at Cambridge LLP, filed a notice of legal action in the Ontario Superior Court of Justice last month. None of the allegations has been proven in court.

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In addition to Ayres and Gilmour, Fisher is also suing: Bell Media and CTV Television Network Ltd.; ICF Films and Hope Zee One Inc., which produces the show; his doctor; Brampton Civic Hospital; and William Osler Health System, which runs the hospital.

He is seeking $100,000 in damages.

Bell Media did not immediately provide a statement when reached by The Canadian Press on Thursday.

A spokeswoman for William Osler Health System did not immediately return requests for comment.

Fisher, a Brampton Ont., resident, alleges that Ayres and Gilmour accompanied his physician into the room during his medical exam. He “believed, or was led to believe” the two were medical practitioners or medical students, and was not told they were doing background research for Saving Hope, the notice of action alleges.

It then alleges that the actor and researcher “participated and/or conducted an invasive physical examination” of Fisher. In doing so, the defendants committed an “assault and battery” against him, the suit alleges.

The notice of action also alleges that the doctor, hospital and William Osler Health System committed a “breach of privacy” by discussing his medical records with Ayres and Gilmour present.

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