Jennifer Taylor Chan

The plaintiff, an internationally trained physician employed by a pain management clinic, was terminated after a complaint involving him was made to the College of Physicians and Surgeons of Ontario (CPSO).

The plaintiff sued for wrongful dismissal, and the defendant asserted termination for cause based on evidence from the CPSO.

The plaintiff moved to strike portions of the statement of defence, arguing they contravened the Rules of Civil Procedure and s. 36 of the Regulated Health Professions Act, 1991 (RHPA).

The court partially granted the motion, striking references to evidence provided by the CPSO, as such documents are inadmissible in civil proceedings under s. 36(3) of the RHPA.

However, the court allowed the defendant leave to amend its defence.

Costs were fixed due to mixed success.

The plaintiff, having won a wrongful dismissal trial for $15,701.71, sought substantial indemnity costs of $54,777.36.

The defendant argued against costs, noting the award was within Small Claims Court jurisdiction and significantly less than the plaintiff's initial $200,000 claim.

The court found the case should have been in Small Claims Court due to the monetary value and the plaintiff's overreach in claims (aggravated/punitive damages, Human Rights Code) that were dismissed.

The defendant's Rule 49 offer was reasonable.

The court dismissed both parties' claims for costs, finding no costs payable to either party.