Dr. Nigel Gumley

The applicant College sought an order enjoining the respondent from providing anesthesia-free dog teeth cleaning services, arguing it constituted the unlicensed practice of veterinary medicine.

The court found that the cosmetic cleaning of dog teeth without anesthesia did not constitute the practice of veterinary dentistry.

However, the court concluded that the respondent's website and advertising held her out as providing veterinary services by implying health benefits and an ability to advise on oral care.

The court granted an injunction prohibiting the respondent from holding herself out as capable of diagnosing or treating canine oral health conditions.

The College of Veterinarians of Ontario sought an interlocutory injunction to prevent Birgit Johnston and her business, Cutting Edge K9 Oral Hygiene, from practicing veterinary medicine and holding themselves out as such, specifically concerning anesthesia-free dog teeth cleaning.

The respondents also moved for an adjournment and transfer of the main application.

The court dismissed the College's motion for an interlocutory injunction, finding that while there was a serious issue regarding the practice of dentistry, the College failed to establish irreparable harm or that the balance of convenience favoured granting the injunction.

The main application was adjourned pending the respondents' motion to transfer.