The defendants brought a motion under the Rules of Civil Procedure to strike or dismiss the plaintiff’s amended statement of claim arising from employment-related disputes with hospitals and subsequent complaints before several administrative tribunals.
The court held that the Ministry of Health, the Ontario Human Rights Commission, the Ontario Labour Relations Board, the Workplace Safety Insurance Appeals Tribunal, and the Health Professions Appeal and Review Board were not suable entities because their enabling statutes did not confer corporate status or capacity to be sued.
The claim against those bodies was therefore dismissed.
The court further held that the pleadings against the Crown disclosed no reasonable cause of action, contained vague and unsupported allegations of corruption and Charter breaches, and failed to plead material facts necessary to support a recognized cause of action.
The claim against the Crown was struck with leave to amend.