The College of Veterinarians of British Columbia v. Henderson

The College of Veterinarians of British Columbia v. Henderson

Henderson's procedures and representations, taken together—use of an ultrasonic scaler, diagnosing and treating periodontal disease, advertising as an oral health/dental specialist, failure to refer and inadequate records—constituted the practice of veterinary dentistry under the Act and posed real risks to animal...

Source-derived case information.

Citation
2017 BCSC 917
Parties
Petitioner: The College of Veterinarians of British Columbia; Respondent: Corinne Henderson; Respondent: Dentapet
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 June 2017
Procedural Posture
Petition for Injunction Under the Veterinarians Act / Judgment on Petition
Outcome
Injunction granted in favour of the College; respondent permanently enjoined from engaging in the practice of veterinary medicine and performing dental hygiene on animals and from holding herself out as engaging in the practice of veterinary medicine until she is a member in good standing; permitted to provide...
Legal Topics
Unauthorized Practice, Veterinary Dentistry, Advertising and Holding Out, Public Safety, Injunctive Relief
Source Language
english
Administrative Law Professional Regulation Veterinary Law Injunctions Consumer Protection Unauthorized Practice Veterinary Dentistry Advertising and Holding Out +2 more

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Summary, issues, holding and outcome

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Parties

The College of Veterinarians of British Columbia

Petitioner

Corinne Henderson

Respondent

Dentapet

Respondent

Procedural Posture

Petition for Injunction Under the Veterinarians Act / Judgment on Petition

Legal Issues

  1. 1 Whether Henderson's pet teeth cleaning services constitute the practice of veterinary medicine/dentistry under the Veterinarians Act
  2. 2 Whether Henderson's advertising and representations constitute holding out as entitled to practise veterinary medicine
  3. 3 Whether an injunction should be granted to prevent further contraventions of the Act

Ratio Decidendi

Henderson's procedures and representations, taken together—use of an ultrasonic scaler, diagnosing and treating periodontal disease, advertising as an oral health/dental specialist, failure to refer and inadequate records—constituted the practice of veterinary dentistry under the Act and posed real risks to animal health; accordingly the College demonstrated reason to believe contraventions of the Act and the court granted injunctive relief limiting Henderson to purely cosmetic manual scaling without implying health benefits and prohibiting use of ultrasonic devices and holding out as a veterinary practitioner until properly registered.

Court Disposition

Injunction granted in favour of the College; respondent permanently enjoined from engaging in the practice of veterinary medicine and performing dental hygiene on animals and from holding herself out as engaging in the practice of veterinary medicine until she is a member in good standing; permitted to provide...

Orders

  • Permanent injunction under s.75(1) prohibiting Corinne Henderson and Dentapet from engaging in the practice of veterinary medicine, including performing dental hygiene on animals, until registered with the College
  • Order prohibiting Henderson and Dentapet from holding themselves out as engaging in the practice of veterinary medicine or using titles such as 'dental hygienist','oral health specialist' or similar