The defendant lawyer brought a motion to strike out the plaintiffs' statement of claim alleging professional negligence in his representation of the plaintiff dentist during a regulatory discipline proceeding.
The defendant argued the claim was incapable of proof due to the absolute prohibition on admitting discipline proceeding records in civil actions under s. 36(3) of the Regulated Health Professions Act.
The court dismissed the motion, finding the defendant required leave to bring the motion due to delay and having taken a fresh step by filing a statement of defence, and denied leave.
The court further noted that even if leave were granted, the claim would not be struck as the plaintiffs might prove their case using other admissible evidence, such as patient records and admissions in the pleadings.
