The appellant's action for defamation and professional misconduct against the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario and its counsel was dismissed under Rule 2.1.01(1) as a collateral attack on a prior professional misconduct decision and for lack of jurisdiction.
The appellant appealed, arguing the dismissal lacked "substantial" motion record support and that the decision should have been stayed.
The Court of Appeal dismissed the appeal, affirming the motion judge's decision that the claim was frivolous and devoid of merit, and clarifying that Rule 63.01(1) only applies to monetary orders, not license suspensions.
