Cram v. Nova Veterinary Clinic Ltd.

Cram v. Nova Veterinary Clinic Ltd.

The court dismissed the motion to enjoin the law firms and granted summary judgment dismissing the Statement of Claim because it failed to plead material facts establishing negligence or causation against the clinic and veterinarians and because claims against the NSVMA and committee members are barred by statutory immunity (s.45) while the investigator is protected by common law immunity; the court also found the plaintiff's litigation conduct amounted to abuse of process and granted an injunction restraining him from commencing further proceedings against these defendants without leave and awarded costs to the defendants.

Citation
2016 NSSC 181
Parties
Plaintiff: John (Jack) Cram; Respondent: Nova Veterinary Clinic Ltd.; Respondent: Dr. Brian Manuel; Respondent: Dr. Michael Howlett; Respondent: Ms. Sylvia Bush; Respondent: Nova Scotia Veterinary Medical Association; Respondent: Brian MacInnis; Respondent: Dr. Ed MacAuley; Respondent: Dr. Elizabeth Croft; Respondent: Dr. Fran Minty; Respondent: Sandra McCulloch; Respondent: Dr. Lisa Welland; Respondent: Dr. Julie Weste
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 July 2016
Procedural Posture
Civil (judicial Review and Related Tort Action) / Interlocutory Motions (summary Judgment and Injunctions) Oral Decision on Motions
Outcome
Motion to enjoin law firms dismissed; summary judgment motions granted; injunction granted restraining plaintiff from commencing further proceedings against these defendants without leave; costs awarded to defendants.
Legal Topics
Summary Judgment, Vexatious Litigant Injunction, Judicial Review, Statutory and Common Law Immunity, Costs for Abuse of Process
Source Language
English
Civil Procedure Administrative Law Tort Negligence Professional Regulatory Law Summary Judgment Vexatious Litigant Injunction Judicial Review Statutory and Common Law Immunity +1 more

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Parties

John (Jack) Cram

Plaintiff

Nova Veterinary Clinic Ltd.

Respondent

Dr. Brian Manuel

Respondent

Dr. Michael Howlett

Respondent

Ms. Sylvia Bush

Respondent

Nova Scotia Veterinary Medical Association

Respondent

Brian MacInnis

Respondent

Dr. Ed MacAuley

Respondent

Dr. Elizabeth Croft

Respondent

Dr. Fran Minty

Respondent

Sandra McCulloch

Respondent

Dr. Lisa Welland

Respondent

Dr. Julie Weste

Respondent

Procedural Posture

Civil (judicial Review and Related Tort Action) / Interlocutory Motions (summary Judgment and Injunctions) Oral Decision on Motions

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action against the veterinary clinic and veterinarians
  2. 2 Whether claims against the NSVMA and its Complaints Committee members are barred by statutory immunity under the Veterinary Medical Act
  3. 3 Whether the investigator (consultant) is protected by common law immunity

Ratio Decidendi

The court dismissed the motion to enjoin the law firms and granted summary judgment dismissing the Statement of Claim because it failed to plead material facts establishing negligence or causation against the clinic and veterinarians and because claims against the NSVMA and committee members are barred by statutory immunity (s.45) while the investigator is protected by common law immunity; the court also found the plaintiff's litigation conduct amounted to abuse of process and granted an injunction restraining him from commencing further proceedings against these defendants without leave and awarded costs to the defendants.

Court Disposition

Motion to enjoin law firms dismissed; summary judgment motions granted; injunction granted restraining plaintiff from commencing further proceedings against these defendants without leave; costs awarded to defendants.

Orders

  • Motion to enjoin McInnes Cooper and Cox & Palmer dismissed with costs $1,000 payable forthwith for each group of defendants
  • Summary judgment granted dismissing the Statement of Claim as disclosing no reasonable cause of action; costs on the summary judgment motions awarded $2,000 to each group of defendants for each motion