The defendants brought a motion to strike the plaintiff's statement of claim for civil fraud regarding alleged improper OHIP billing.
The court found that the plaintiff discovered the alleged fraud in 2009 but did not commence the action until 2017, well beyond the two-year limitation period.
Furthermore, the claim failed to disclose a reasonable cause of action for fraud because the plaintiff did not act in reliance on any representations made by the defendants.
The motion to strike was granted without leave to amend, and the action was dismissed.