I, ROMA ELIZABETH HART, of the city of Winnipeg, in the province of Manitoba, 


                                                                   MAKE OATH AND SAY THAT:




1.          October 1986 I was diagnosed with multiple personalities by Dr.Colin Ross. I asked Dr.Ross if he was sure that I actually had multiple personalities and not something else since I had read that there was no such thing as multiple personality disorder. He replied that his research was much more advanced and the doctors who disagreed with the growing diagnosis of multiple personality disorder were behind the times. Dr.Ross called himself a leading expert in multiple personality disorder, and the only MPD expert in Western Canada.


2.          October 1986 I began multiple personality therapy with Dr.Colin Ross as a psychiatric out patient at the McEwan Building of the St.Boniface Hospital.


3.          That Dr.Ross’s multiple personality therapy caused an immediate worsening of my mental health. My initial problem of stress became a problem of nightmares, incest, satanic ritual abuse, murder, torture, and alien abduction. I had no memories of any of those activities in my life but Dr.Ross told me that my new memories were flashbacks of real events. I complained that I was getting worse and I was told that in MPD therapy you always get worse before you get better.  I soon became very suicidal.


4.          That Dr.Ross’s multiple personality therapy included extremely high and untested amounts of Halcion. I questioned Dr.Ross about the safety of the high levels of Halcion and he assured me the he had checked it all out and it was safe.


5.          That January 1987 after I first took the drug Halcion I complained to Dr.Ross that it made me feel very upset. He replied that my new “upset” feeling was caused by a personality called “Desi” who was upset. For every Halcion side effect there was a personality that was to blame instead of the drug. When my blood pressure became unstable I was told that it was because every personality had its own blood pressure. Every suicide attempt was blamed on a personality that was trying to kill me, no mention was made of a connected drug side effect. I was constantly told by Dr.Colin Ross that Halcion had no side effects.   


6.          That I was experiencing Halcion side effects as listed in the Canadian Pharmaceutical guide including: rage, hostility, bizarre behavior, increased anxiety, nightmares, addiction, the need for increased dosage, a “pins and needles” sensation in my hands, suicidal and homicidal feelings, depression, memory impairment and dissociation, and some hallucinations such as liquid or “wavey” walls and doors, flashing lights and floating orbs.


7.          That I would experience these Halcion withdrawal symptoms after only three hours from my previous dosage: anxiety, muscle cramps, and shaking. Dr.Ross prescribed dosage intervals of four hours so to reduce the hour of drug withdrawal symptoms I would try to “save” one of the Halcion pills that I would be given. 


8.          That I experienced severe Halcion withdrawal symptoms in January 1990 such as: confusion, impaired co-ordination similar to the walking pattern of progressed Parkinson disease, high blood pressure, ringing in my ears, chest pain, convulsions and a feeling of hands inside my abdomen which doubled me over with severe pain, seizures similar to epileptic disorders, constant excruciating muscle cramps in my legs and back, jerking muscle spasms in my neck, horrific hallucinations of enormous dragons, black birds, and demons which caused me extreme distress, and cognitive impairment such as loss of a sense of time, loss of face recognition, loss of a sense of place, disconnectedness and dissociation.     


9.          That I was addicted to Halcion and would experience a total focus on ways to obtain Halcion such as hospitalization. I would also fixate on mental images of Halcion pills when I was without them.   


10.      That my MPD therapy and extreme levels of Halcion caused me to suffer serious nutrition deficiency and at a height of five foot five inches I reached a weight of eighty-five pounds in June 1988 and suffered dangerously low and unstable blood pressure from fifty over forty to eighty over sixty. I was refused medical attention so I left the hospital ward and partially crawled through the hospital parking lot to the nearby St.Boniface Clinic. The doctor there told me that I needed to go to the emergency ward however I told him that I was a patient at the hospital. He gave me a prescription for the nutritional supplement Ensure. Another doctor put me in his car, drove me to the McEwen Building and helped me walk back up to my ward. The nurses refused to fill the doctor’s prescription for Ensure. I called the doctor at the Clinic who then spoke to the nurses who then phoned Dr.Ross. The Ensure was then supplied and at the insistence of the Clinic doctor the nurses began frequent monitoring of my blood pressure. Dr.Ross immediately revoked my passes.      


11.      That I suffered severe and permanent side effects from the Halcion given to me by Dr.Colin Ross. That I still suffer from: difficulty concentrating, difficulty remembering people or faces, loss of a sense of time or dates, migraine headaches, ringing in my ears, chest pain, numbness in my hands, chronic severe pain in my mouth and jaw, chronic and severe pain and muscle spasms in my legs and back, fatigue, nightmares, persistent feelings of suicide, and insomnia.


12.      That Dr.Colin Ross impeded and prevented all of my attempts to find help for the prolonged Halcion withdrawal side effects I was experiencing: a) By telling me that I was not addicted to Halcion. b) By telling me that Halcion had no side effects c)By not referring me to a drug addiction specialist. d) By telling Dr.Jacyk, a drug addiction specialist that I consulted via referral through a friend, Ken Dodds (see undertaking answer from Ken Dodds, Q1672) that I was a heroin addict and heavy drug user which Ross knew was not true. (l990, letters from and to Jacyk and Ross exists in file boxes) e) By telling me in July 1991 that he never gave me any drugs. 



13.      That as a direct result of the side effects of Halcion withdrawal in January 1990 I  fell and suffered a serious injury to my temporal mandibular joint resulting in extensive surgery and causing a permanent disability of fibromyalgia and severe chronic pain. (see medical assessment by Dr.Harold Merskey, August 2002)                                                                     



14.      That Dr.Colin Ross did not provide me with a referral to another psychiatrist and I was unable to find another psychiatrist who would give me an appointment after he left November 1991. I phoned and complained to Dr.Walker of the Manitoba College of Physicians and Surgeons that I had been turned down by every psychiatrist I called for an appointment.  Dr.Walker told me that he could not force any doctor to give me an appointment. I told my family doctor, Dr.Erhard of my difficulty getting an appointment with a psychiatrist in the Manitoba and what Dr.Walker had told me.  It was not until August 2002 that I was able to receive a proper psychiatric assessment by Dr.Harold Mersky in London, Ontario. This assessment by Dr.Merskey was brought about by the constant efforts by my MLA ,Marcel Laurendeau pressuring Health Minister Chomiak through intergovernmental correspondence and at a parliamentary question period. Dr.Erhard  referred me to Dr.Merky and wrote to Manitoba Health requesting approval of that referral. The Manitoba Health refusal to provide me with transportation to see Dr.Mersky  was a bureaucratic road block for a psychiatric assessment. The reluctance of Chomiak’s office to intercede made it necessary for Dr.Erhard to repeatedly support the need for the province to allow me the ability to obtain the psychiatric services that I needed until August 2002. (include any letters from M.B.Health.Dr.Erhard,and Laurendeau “Hansard”parliamentary records for question period of April (?) 2002 )    



15.      That the material facts of the direct link of the Halcion withdrawal and injury in 1990 to my permanent disability of fibromyalgia were not discovered until August 2002 by Dr.Harold Merskey. ( see file C I  94-01-79802  examination by Tolton  1995  page 176 lines 12,13,14,  and up to page 178 concerning my attempts to get help for Halcion withdrawal)


16.      That the material fact of the direct link of Dr.Colin Ross’s multiple personality therapy and my seriously worsened mental health was not discovered until September or October of 1993 when I spoke with Dr.Christopher Barden. Dr.Barden confirmed my initial doubt expressed to Dr.Ross in October 1986 regarding the validity of the multiple personality diagnosis. Dr.Barden explained that I was suffering from a classic case of iatrogenically induced multiple personality disorder and false memory syndrome. Iatrogenic meant that all of my symptoms of multiple personality disorder were caused by the therapy, that made sense since I did not suffer from MPD until I met Dr.Ross. The false memory syndrome was a result of the recovered memory therapy,  that made sense since I did not have any of the bizarre and horrific memories until I met Dr.Ross. Dr.Barden made one very important fact clear: I did not have multiple personality disorder because there is no such thing as multiple personality disorder. (include Dr.Christopher Barden’s press release on medical fraud)


17.      That up until August 2002, when I discovered the direct link of the Halcion withdrawal, the subsequent surgeries, and my fibromyalgia disability, I did not know what caused my permanent physical disability and severe chronic pain.


18.      That when my boyfriend, Ken Dodds read my  Shopper’s Drug Mart computer print out he suggested that I call his lawyer Gavin Wood and tell him about the enormous amounts of drugs Dr.Colin Ross had prescribed to me. Ken Dodds was familiar with what a usual dosage of Halcion and Valium would be because he was prescribed these medications by his cardiologist Dr.Jolly and thought that what Dr.Colin Ross had prescribed to me was medical malpractice.


19.      That when I consulted Gavin Wood’s assistant, Jordan Lee Wing , around 1992, I presented my Shopper’s Drug Mart computer read out for 1990 and expressed a belief that Dr.Colin Ross had deliberately poisoned me. However, I did not know at that time the effects of the Halcion and the direct link to my physical disability and severe pain. Mr.Wing said that he could not help me until I could provide legal proof of my claim against Dr.Colin Ross.  I could not.


20.      That July 19, 1990 I asked Dr.Colin Ross not to give me any more prescriptions for drugs. I expressed my concern about my addiction to Halcion and the withdrawal side effects which had not subsided, in particular the severe muscle spasms. He replied that because Halcion leaves the blood stream after three hours it was not possible for me to be addicted and I was not having withdrawal symptoms. (see Dr.Ross’s reference to Halcion leaving the system in three hours, answer to discovery question from Fedorchuk 1995)


21.      That when I saw Dr.Colin Ross July 19,1990 he agreed with my assessment that because of the stress and conflict of my custody battle with Child and Family Services any further multiple personality therapy would be impossible. No other type of therapy was offered to me.


22.      That  July 19, 1990 I told Dr.Colin Ross that I could not continue with the multiple personality therapy because of my ongoing problems with Child and Family Services and I did not want to come back. That when I left his office he held out his arms and asked me to come back for a hug.


23.      That July 19, 1990 when I again left Dr.Colin Ross’s office he told me that I would never make it and would be back in two weeks. I had told Dr.Ross that I was leaving therapy many times before and had always returned.


24.      That in 1990 Dr.Colin Ross filled out a federal government disability tax form for me in which he declares that I am severely and permanently disabled. (see form). Dr.Ross also answers Dale Fedochuk at the discovery hearing of 1995, that he believes that I could still be suffering from multiple personality disorder.(see transcripts of that hearing)


25.      That over the next year of July 1990 to July 1991 I contacted Dr.Colin Ross on numerous occasions regarding necessary letters regarding Child and Family Services and welfare.


26.      That July 1991 I went for my last official appointment with Dr.Colin Ross regarding a letter to the Law Society in which I hoped he would write that I did not have multiple personalities. He would not say that.


27.      That in July 1991, just before I left Dr.Colin Ross’s office I stopped and asked him why he had given me so many drugs. He responded that he had never given me any drugs.


28.      That in July 1991 after leaving Dr.Colin Ross’s office I walked home from the St.Boniface Hospital to Osborne Village in a confused state. I was unable to understand why I thought that I had been so heavily drugged all those years when I was in therapy with Dr.Ross. I became alarmed that my mental health was so seriously psychotic that I had been having delusions of taking drugs from Dr.Ross. I stopped at the Osborne Village Shopper’s Drug Mart to question the pharmacist there.


29.      That in July 1991 after I asked the Shopper’s Drug Mart pharmacist about any prescriptions I might have been given by Dr.Colin Ross. The pharmacist, Curtis informed me that the drug store was changing computer systems that day but managed to retrieve a computer print out of all the prescriptions I had filled there from January 1990 to June 1990. All other records were irretrievable. Shopper’s Drug Mart only keeps their records on file for 18 months.


30.      That December 26, 1989, after returning from a pass to attend the funeral of Joseph Lovallo, my dear friend and father of my daughter Ruth, I was sexually assaulted by a male patient that Dr.Ross had just admitted to the ward which was up to that day a totally female ward. Dr.Ross came into my room the following morning to apologize to me for the incident. He admitted to me that he knew the patient was a sexual deviant and had five video tapes concerning that patients history of sexual assaults upon women, however, Dr.Ross told me that he “didn’t think he would do that on the ward”. I was appalled at Dr.Ross’s negligence and later phoned the Winnipeg Sun newspaper to report the assault and Dr.Ross’s deliberately concealing the male patient’s dangerous sexual disorder from the women and nurses on the ward. After the story was confirmed by the St.Boniface Hospital President (see front page of The Sun December, 1989) Dr.Ross became furious with me and told me that I had to get out. He immediately began a patient discharge procedure in spite of the dangers of unsupervised withdrawal from the extremely high level of Halcion that I was taking in the hospital.       


31.      That January 1990 Dr.Ross discharged me from the St.Boniface Hospital on an unsupervised, extremely high and drastic drug switch from almost 52.0 mg. of   Halcion per day to 320 mg of Valium per day. Dr.Colin Ross insisted that I was to walk to the drug store every day to pick up my daily dosage.(include the computer print out)


32.      That in January 1990, while experiencing severe Halcion withdrawal, I walked to the drug store to pick up my daily prescription from Dr.Colin Ross and  I fell on the ice which caused my right temporal mandibular disk to rip out of place.


33.      That in January 1990 I consulted my dentist Dr.Tritt regarding my fall on the ice, the ripping noise I heard in my jaw and the excruciating pain I was in.


34.      Dr.Tritt immediately referred my case to orthodontist Dr.Borden who treated the inflammation and pain in my jaw.


35.      In 1991 maxofilio facial surgeon Dr.Chimilar took over my case and diagnosed my disconnected temporal mandibular disk. I was referred to the St.Boniface Hospital Rehabilitation Clinic for ultra sound therapy and physical therapy.


36.      In 1991 I was given arthroscopic surgery to assess the extent of the damage.


37.      In April 1992 I underwent a five hour surgical procedure to dismantle my jaw, reposition the disk and wire the jaw back together. I was wired for four months and on 30 mg of liquid morphine for one month, and later codeine. This operation was not covered by Manitoba Health Services; Dr.Chimilar took over my case and performed all of the surgery pro bono.    


38.      In 1992 to 1994 I saw Dr.Baker at the University of Manitoba Dental College behind the Health Science Center regarding my facial pain and muscle spasms. I was given mouth guards.


39.       From 1990 to 1998 I continuously complained to my family doctor, Dr.Erhard that I was going through Halcion withdrawal but was told that it was not possible to go through Halcion withdrawal for more than two weeks.


40.      In late 1998 I received a copy of Dr.Peter Breggin’s report to the A.M.A. concerning “Prolonged Benzodiazepine Withdrawal Syndrome” which outlined all of the symptoms I was suffering from. I gave a copy of that report to Dr.Erhard and my lawyer Allan Baker. (include copy of Dr.Peter Breggin’s report to the A.M.A. regarding Protracted Benzodiazepine Withdrawal)


41.      That in 1991 I asked my family doctor, Dr.Erhard for a referral to the welfare vocational rehabilitation program. I was accepted into the program designed for persons with mental illness, head injury, or cognitive problems.


42.      That from September 1991 to June 1993 , I attended the continuing education division of the University of Winnipeg in a part time computer certificate course as a client of the welfare vocational rehabilitation program designed for persons with mental illness , head injury, or cognitive problems.


43.      That in March 1993 I heard a CJOB radio talk show program about people falsely accused of satanic ritual abuse which was called a false memory.


44.       That in March 1993 after listening to that radio program I called the phone number given for the Winnipeg False Memory support group.


45.      That in April 1993 I attended a Winnipeg False Memory support group meeting and listened to the stories of the parents there.


46.      That in April 1993 the contact person for the Winnipeg False Memory Syndrome support group, Jill Brooks, encouraged me to write my story about multiple personality therapy. Ms.Brooks heavily edited my story before sending it to the False Memory Syndrome head office in Philadelphia. (MPD/Retractor story)


47.      That in September 1993 I was contacted by another false memory retractor, Elizabeth Carlson. Dr.Christopher Barden was her lawyer and Dr.Colin Ross was the expert witness for the doctor she was suing. ( case # CX-93-7260  filed  December 29, 1`995  District Court, 2nd Judicial District, Ramsey County, Minnesota. Special verdict January 24, 1996.


48.      That in September or October 1993 I contacted or was contacted by Elizabeth Carlson’s lawyer Dr.Christopher Barden. We spoke at some length and he explained how Dr.Colin Ross’s multiple personality therapy was completely responsible for my false memory syndrome. Dr.Barden convinced me that I never had multiple personalities and I was a victim of medical malpractice and fraud.


49.      That in December 1993, in New York, I met Dr.Richard Ofshe who explained that I was not responsible for the false memories caused by Dr.Colin Ross’s multiple personality therapy practices.


50.      That in December 1993, in New York, I met lawyer Zachary Bravos who encouraged me to sue Dr.Colin Ross for medical malpractice.


51.      That early 1994 I contacted Winnipeg lawyer Dale Fedorchuk to file a medical malpractice lawsuit against Dr.Colin Ross for causing me to suffer from false memories and incorrectly diagnosing me with multiple personality disorder.


52.      That March 1994 Dale Fedorchuk filed a motion in the Court of Queen’s Bench regarding the medical malpractice law suit (The Queen’s Bench, Winnipeg File # CI 94-01-79802).


53.      That in 1995 Dale Fedorchuk obtained an affidavit and letter of opinion from Harvard Professor of Psychiatry Dr.A.Bodkin in which he says that I was not mentally able to file any motion in court against Dr.Colin Ross within the statute of limitations time period. (include letter)


54.      That in March 1994 neurologist Dr.Young diagnosed me with fibromyalgia.


55.      That in February 9, 1998 Dale Fedorchuk withdrew as my lawyer. That any delay in the legal proceedings while Dale Fedorchuk was my lawyer was due to continual demands for more money. I was then and still am on medical disability/welfare so Dale’s demands caused me to go on repeated fund raising drives which slowed the legal proceedings considerably. In fact it was the lack of available money that resulted in him withdrawing as my lawyer.


56.      Further delays were caused by my hunt for another lawyer which also caused further hunts for money to pay for their consultations.


57.       I did not respond to Colin Ross’s lawyer, Ms.Tolton’s letters to me because I had been told many years ago that I was never to contact Dr.Ross’s lawyers myself ,that only my legal counsel was supposed to do that. Also, at the court hearing of February 9, 1998 for Dale Fedochuk’s motion to withdraw as my lawyer Madame Justice Freda Steele turned down Colin Ross’s lawyer Ms.Watson’s request for time limits and conditions to be put upon my case.   


58.      That in 1998 I consulted lawyer Robert Tapper but he could not take the case.


59.      That in 1998 I consulted lawyer Stephen Alsip but he could not take the case.


60.      That in 1998 I consulted lawyer Harvey Pollock but he could not take the case.


61.      That in 1998 I consulted lawyer Allan Baker and he agreed to take the case.


62.      That July 2003 I contacted the Manitoba Law Society complaining of a serious communication problem with my lawyer Allan Baker.


63.      That the lack of communication with Allan Baker caused the longest delay in the legal proceedings. I did not contact the Manitoba Law Society to complain about the problem I was having with Allan Baker because: a) At the court hearing for Dale Fedochuk’s withdrawal as my lawyer just a few months earlier, Judge Freda Steele turned down Colin Ross’s lawyer Ms.Watson’s request for any time limits or conditions on my case. b) Mr. Baker had given me a legal contract promising to undertake all responsibilities as my lawyer in the medical malpractice lawsuit against Dr.Colin Ross up to the point of the trial when he told me he would need another $5,000.  c) Mr. Baker had not asked to withdraw as my lawyer, there had not been the formal motion to withdraw that I had experienced with Dale Fedorchuk, so I had no reason to believe that he was not continuing to fulfill his legal obligation to me. d) Dr.Ross’s lawyers had established a pattern of repeatedly and persistently notifying me of their intent to file a motion in court to strike due to delay, their notices began soon after I filed in 1994 and stopped completely after Allan Baker took over my case. Because they were no longer sending me notices threatening to have my case struck due to delay I believed that it was no longer an imminent problem. e)  I had been told by Mr.Baker that the statute of limitations did not apply to me because I was disabled. f) I maintained communication to Mr.Baker in the form of messages on his office answering machine, and several letters including registered mail which required his signature and all had been accepted. I had told him in the beginning that it was not necessary to contact me unless he required additional information or help from other people. It was a concern for me not to waste his time because lawyers charge a lot of money for their time.g) I was not concerned about the length of time the case was taking without reaching trial because I had come to know of other medical malpractice lawsuits just like mine that had taken eight or nine years to reach a settlement. h) that due to a loss of my sense of time and dates this long delay did not alarm me. It was only the last year of 2003 when I was talking with my friend Sheila Shoesmith and remarked that it had been two years since Allan Baker took over my case and she corrected me by saying that it was actually five years. I added the five years to the previous years and quickly concluded that my case should have gone to trial by now. I immediately stepped up my efforts to establish communication with Allan Baker but could not get a response from him. I called my friend George Bergen who then tried to get Allan Baker to respond to him but was not successful. It was George Bergen who insisted that I report this problem to the Law Society and stopped by my house to read my letter.


64.       A further delay was caused by the length of time it took for the Manitoba Law Society to process my letter of complaint against Allan Baker.


65.      That October 2003 I contacted lawyer George Derwin who agreed to take over my medical malpractice lawsuit against Dr.Colin Ross, immediately beginning with the outstanding dispute over the statute of limitations problem.  The last delay was caused by Allan Baker’s inability to locate my files. Mr.Derwin was finally able to obtain them January 14, 2004.


66.      That Dr.Colin Ross was sued for a similar case of medical malpractice in Texas by Ms.Martha Ann Tyo. Although she had exceeded the statute of limitations and Dr.Colin Ross claimed to have lost all of her records Ross settled out of court. (Case # DV98-3843 filed July 2, 1998 District Court, Dallas County, Texas. Settled out of court in 2003.


67.      That there were four other cases like mine in Canada: LeBreton, Mowrey, Nickerson et al. vs. Ault Muskoka-Parry Sound Community Mental Health Service et al. Filed July 14, 1993 in the Ontario Court of Justice, General Division. File # 93-CQ-40015 . Settled out of court in the fall of 1997. And also, Burnside vs. Ault 1993, file# C10-046-93, settled at the same court.


68.      That Dr.Colin Ross was involved as an expert witness in a similar case against his own college Dr.Bennet Braun which took nine years to reach an out of court settlement. (Case # 91L8493 filed November 16, 1993 Circuit Court, Cook County, Illinois. Settled out of court October 31, 1997.


69.      That the delay has not caused a detriment to the defense because Dr.Colin Ross and his lawyers examined all of the witnesses and records during the discovery process in 1995. All of the records and witnesses that were available then are still available today. Any records and witnesses that were not available then were not available or never existed during the limitation period.


70.      That September 20, 2000, citation 99 A.C.W.S. ( 853 ) Manitoba Court of Appeal extended the statute of limitation based on the doctor’s breach of fiduciary duty.  It can be argued that Dr.Colin Ross breached his fiduciary duty by causing me to become addicted to Halcion and then both preventing and failing to provide me with medical treatment for my addiction to Halcion or medical treatment and care during the Halcion withdrawal.  


71.      Limitations Act RSM 1987


72.      B.(T.L.) vs. Conely , October 2003,  Manitoba, Western Decisions Civil Digest release 18 


73.      Procyshyn vs. Silverman,   Manitoba , Western Decisions Civil Digest release 18


74.      Norn vs. Stanton Regional Hospital.  CV0697   filed June 22, 1998 in the Supreme Court of Canada


75.      Debra Bebizant vs. Richard Greenwood, the Health Sciences Center, and L.A. Corporation Insumentarium Inc. , Court of Queen’s Bench of Manitoba, file numbers C1-96-01-95966 and C1-9901-14463 ( lawyer was Robert Tapper)


76.      Huet vs. Lynch , 2000, Alberta Court of Appeal, Docket 98-17870


77.      Schneider vs. Zuege , Court of Queen’s Bench, Judicial District of Calgary, September 17,2002, file # 00001 20371


78.      Fischer vs. Johnson, Court of Queen’s Bench of Alberta, Judicial District of Edmonton, Action # 9603 05083  , January 7, 1998  










I make this affidavit in the support of my application for an Extension to the Statute of Limitations.


Date:  February 27, 2004






                                                      ROMA ELIZABETH HART