On a Rule 21 and Rule 25.11 motion, the court struck the amended claims against individual university faculty and administrators arising from a medical residency dispute, while allowing the action to continue primarily against the university.
Applying the employee-liability framework from Peoples Jewellers and the jurisprudence on non-justiciable academic discretion, the court held that the amended pleading still failed to allege tortious conduct undertaken in a personal capacity separate from the university.
The court also held that most conspiracy allegations were statute-barred under the Limitations Act, 2002, and that claims framed as negligence, negligent misrepresentation, inducing breach of contract, and interference with economic relations were inadequately pleaded.
Leave to amend was denied as against the individual defendants, but limited leave was granted regarding certain struck claims against the university.
Costs were awarded to the moving parties.
