The plaintiff brought a motion seeking relief from the deemed undertaking rule to use discovery evidence obtained in the civil proceeding to support a complaint to the College of Physicians and Surgeons of Ontario and the College of Pharmacists.
The defendants opposed the motion and brought a cross-motion to strike portions of the plaintiff's affidavit referring to prior complaints under s. 36(3) of the Regulated Health Professions Act.
The court dismissed the plaintiff's motion, finding that the public interest in pursuing a professional complaint did not outweigh the prejudice to the defendants, as the plaintiff was seeking to use the civil process to obtain evidence for a separate proceeding.
The cross-motion was also dismissed as the court did not need to rely on the impugned evidence.
