2 total
Judicial review dismissed; Board reasonably concluded physician complaint was frivolous, vexatious, and an abuse of process.
The applicant sought judicial review of a decision by the Health Professions Appeal and Review Board not to proceed with a review of his complaint against a physician.
The complaint related to the physician's application to the Consent and Capacity Board regarding the applicant's roommate.
The Board dismissed the request for review as frivolous, vexatious, and an abuse of process, noting the applicant appeared to be using the process to pressure the physician for financial compensation.
The Divisional Court found the Board's decision reasonable and dismissed the application for judicial review.
The court dismissed the plaintiffs' medical malpractice action against the defendant for inordinate and inexcusable delay.
The defendant Dr. Akhravi brought a motion to dismiss the action for delay under Rule 24.01(2) of the Rules of Civil Procedure.
The action was commenced on December 22, 2017, almost eight years prior to the motion.
The plaintiffs, who were self-represented, had failed to properly serve Dr. Akhravi with an issued pleading and had taken no steps to advance the action.
The court found that the delay was inordinate, inexcusable, and prejudicial to the defendant, and granted the motion to dismiss.
The court also awarded costs of $5,000 all inclusive to Dr. Akhravi.
