Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Civil procedure – Whether the lower courts erred in striking the applicant’s statement of claim in full – Abuse of process – Pleadings – Whether a claim for malicious prosecution is available against officers, agents and employees of an administrative agency (in this case a regulatory body, the College) who have carried out an improper and unconstitutional investigation, and then, motivated by malice, use that information obtained to initiate a criminal complaint against the same regulated member that results, ultimately, in the member’s full acquittal – Whether a claim in malicious prosecution can be dismissed as an abuse of process where the actions of the officers, agents and employees of the administrative agency lead to the initiation of the criminal complaint and are specifically alleged in the Statement of Claim as to be motivated by malice and there is a full acquittal in the criminal proceedings.

The respondent Heppner made a complaint to the College of Physicians and Surgeons for Saskatchewan of improper conduct by the applicant. The College investigated the complaint, conducted a search of the applicant’s clinic and other properties, and proceeded with charges against the applicant and a hearing. The applicant was found guilty of unprofessional conduct in relation to his activities with respondent Heppner and his appeal of the conviction to the Court of Queen’s Bench was dismissed. The RCMP carried out an investigation into the applicant’s activities and charged him with fraud. The applicant was acquitted of the criminal charges.

The applicant commenced an action against the respondents claiming damages jointly and severally from them in their personal capacity. The respondents brought motions to strike the pleadings on various grounds. The Court of Queen’s Bench of Saskatchewan struck the applicant’s Statement of Claim against the respondents in full and granted an interim sealing order with respect to patient names included in the proceedings. The Court of Appeal for Saskatchewan dismissed the applicant’s appeal.