The plaintiff, a person with a severe neurodegenerative condition, brought an action against multiple defendants alleging Charter violations, public law breaches, and private law duties related to his hospital care, home care funding, and the constitutionality of the medical assistance in dying (MAID) provisions of the Criminal Code.
The defendants moved to strike the statement of claim under Rule 21.01(1)(b).
The court struck the statement of claim in its entirety, finding it failed to plead material facts, asserted causes of action unknown to law (such as a freestanding Charter right to health care), and constituted an abuse of process by collaterally attacking binding Supreme Court jurisprudence.
The action was dismissed against the federal and provincial Crown defendants without leave to amend.
Leave to amend was granted on strict terms for specific claims against the hospital, the local health integration network, and the independent living centre.
