Laura Snowdon

This endorsement addresses costs following an appeal decision.

The appellant, Nathalie Xian Yi Yan, was ordered to pay partial indemnity costs to two sets of respondents and substantial indemnity costs to a third respondent, Edward Lawrence Marrocco.

The substantial indemnity costs were awarded due to the appellant's frivolous, vexatious, and unsubstantiated allegations of misconduct, dishonesty, illegality, and conspiracy against Mr. Marrocco.

The appellant, a traditional Chinese medicine practitioner, launched 19 civil claims against individuals involved in disciplinary proceedings against her, including investigators, College counsel, and independent legal counsel to the Discipline Committee.

These claims alleged defamation, professional negligence, evidence tampering, and breach of due process.

The motion judge struck these claims for disclosing no reasonable cause of action, being barred by statutory immunity under the Regulated Health Professions Act, and constituting an impermissible collateral attack on the tribunal's decision.

The Court of Appeal upheld the motion judge's decision, affirming the application of statutory immunity, absolute privilege for statements in judicial/tribunal proceedings, and the rule against collateral attacks, and denied leave to amend the claims or appeal the costs awards.