The appellant sued the respondent, a lawyer retained by the College of Occupational Therapists of Ontario to prosecute a discipline case, alleging misfeasance in public office, abuse of process, and reckless misstatement.
The action was based on documents prepared for the discipline proceeding.
The motions judge dismissed the action, finding the documents inadmissible under s. 36(3) of the Regulated Health Professions Act.
The Court of Appeal upheld the dismissal, confirming that s. 36(3) contains no exception for bad faith or fraud, and that reading in such an exception would defeat the purpose of the provision.
