Case information
Consult our database for details on a Supreme Court of Canada case.
40984
Wenchao Zheng v. Manitoba Veterinary Medical Association
(Manitoba) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-05-03 | Close file on Leave | |
| 2024-05-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-02 | Judgment on leave sent to the parties | |
| 2024-05-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI21-30-09657, 2023 MBCA 77, dated September 6, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-03-26 | Lower court order - e-filing, CA Orders | Wenchao Zheng |
| 2024-03-26 | Supplemental document, Draft CA Order | Wenchao Zheng |
| 2024-03-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-08 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-08) | Manitoba Veterinary Medical Association |
| 2023-12-08 | Notice of name, (Letter Form), (Printed version filed on 2023-12-08) | Manitoba Veterinary Medical Association |
| 2023-12-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-12-08, (Printed version filed on 2023-12-08) | Manitoba Veterinary Medical Association |
| 2023-11-27 |
Correspondence received from, (Letter Form), CA Order form EST: 2023-12-03, (Printed version due on 2023-12-04) |
Wenchao Zheng |
| 2023-11-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023/11/10 | |
| 2023-11-06 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-11-07) | Wenchao Zheng |
| 2023-11-06 |
Application for leave to appeal, (Book Form), Missing: CA order (Draft rec'd 2024-03-26) Filing fees (rec'd 2023-11-17), Completed on: 2024-03-26, (Printed version filed on 2023-11-07) |
Wenchao Zheng |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Zheng, Wenchao | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Manitoba Veterinary Medical Association | Respondent | Active |
Counsel
Party: Zheng, Wenchao
Counsel
850-355 4th Avenue SW
Calgary, Alberta
T2P 0J1
Telephone: (587) 480-4000
Email: dgirard@dolden.com
Agent
340 Gilmour Street, Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 104
FAX: (613) 695-8580
Email: cgiordano@supremeadvocacy.ca
Party: Manitoba Veterinary Medical Association
Counsel
Franco Aiello
500 - 5 Donald St
Winnipeg, Manitoba
R3L 2T4
Telephone: (204) 949-7700
Email: whaight@phillipsaiello.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Administrative law — Appeals — Boards and tribunals — Manitoba Veterinary Medical Association Inquiry Panel — Vet found guilty of complaints brought by client — Court of Appeal upholding inquiry panel’s decision on conduct and sanctions — Should Vavilov “reasons-first” analysis be applied when reviewing statutory appeals according to standard of palpable and overriding error — What standard should be applied to adjudicate professional misconduct matters.
Summary
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.
This case arises from the applicant vet’s treatment of the complainant’s dog for skin and ear infections and how the applicant dealt with the billing for his services.
The inquiry panel of the Manitoba Veterinary Medical Association found the applicant was guilty as charged except for the general charge for professional misconduct, as well as the general charge for lack of knowledge, skill or judgment and the incompetence charge.
The sanction decision required the applicant to complete 32 hours of continuing education on veterinary medicine, practice under the direct supervision of another veterinarian for two years, be subject to random practice audits, reimburse the complainant $321.36, pay a fine of $2,000 and pay costs of $50,000.
The Court of Appeal dismissed the appeal subject to the supervision provision being clarified.
Lower court rulings
Manitoba Veterinary Medical Association
Conduct and Sanctions Decision: Applicant found guilty as charged except for general charge for professional misconduct, general charge for lack of knowledge, skill or judgment and incompetence charge. Sanction decision required him to complete 32 hours of continuing education on veterinary medicine, practice under the direct supervision of another veterinarian for two years, be subject to random practice audits, reimburse the complainant $321.36, pay a fine of $2,000 and pay costs of $50,000.
Court of Appeal of Manitoba
2023 MBCA 77, AI21-30-09657
Appeal dismissed and the order of the panel was confirmed subject to the supervision provision being clarified as agreed by the parties on the motion for fresh evidence.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available