FOTCMA, Li, Yuan, et al. V. CTCMPAO, et al.

On January 23, 2015 the Honourable Mr. Justice Mew set aside the noting in default obtained by the Federation of Ontario Traditional Chinese Medicine Association and the other Plaintiffs in an action commenced against the College.

The Court awarded $12,500 in costs to the College payable by the Plaintiffs on a substantial indemnity basis. In the course of his endorsement, Justice Mew stated: “I am, however, persuaded, that the circumstances of the noting in default of the defendants should attract a substantial indemnity scale of costs. Had the plaintiffs’ actions been taken by a lawyer they would have engaged professional misconduct concerns.”

Justice Mew also scheduled a motion to strike the statement of claim being brought against the College and the Minister of Health and Long Term Care.

The College is seeking to strike the claim which was brought against it and the Minister of Health and Long Term Care by the Plaintiffs, on the basis that it discloses no reasonable cause of action, is frivolous and vexatious and abuse of process, among other reasons. The motion will be heard on March 30, 2015.

A copy of the Order can be accessed here.