Chuang v. Royal College of Dental Surgeons of Ontario
The appellant's pattern of behaviour met the criteria for a vexatious litigant as set out by Henry J. in Lang Michener v. Fabian, therefore the appeal must be dismissed and costs awarded.
Source-derived case information.
- Citation
- 2008 ONCA 35
- Parties
- Applicant (appellant): Dr. David Chuang, DMD; Respondent: Royal College of Dental Surgeons of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 January 2008
- Procedural Posture
- Civil Appeal / Appeal From Superior Court Order (motion Judge)
- Outcome
- Appeal dismissed
- Legal Topics
- Vexatious Litigant, Costs, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. David Chuang, DMD
Applicant (appellant)
Royal College of Dental Surgeons of Ontario
Respondent
Procedural Posture
Civil Appeal / Appeal From Superior Court Order (motion Judge)
Legal Issues
- 1 Whether the appellant is a vexatious litigant
- 2 Whether the motion judge's order should be set aside
- 3 Appropriate costs to be awarded
Ratio Decidendi
The appellant's pattern of behaviour met the criteria for a vexatious litigant as set out by Henry J. in Lang Michener v. Fabian, therefore the appeal must be dismissed and costs awarded.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $10,000 inclusive of disbursements and G.S.T.
Full Case Text
Judgment text and source record
1 paragraphs
Chuang v. Royal College of Dental Surgeons of Ontario Collection Decisions of the Court of Appeal Date 2008-01-21 Neutral citation 2008 ONCA 35 Docket numbers C47665 Judges Laskin, John Ivan; Moldaver, Michael James; Sharpe, Robert J. Subject Civil Decision Content CITATION: Chuang v. Royal College of Dental Surgeons of Ontario, 2008 ONCA 35 DATE: 20080121 DOCKET: C47665 COURT OF APPEAL FOR ONTARIO LASKIN, MOLDAVER and SHARPE JJ.A. BETWEEN: DR. DAVID CHUANG, DMD Applicant (Appellant) and ROYAL COLLEGE OF DENTAL SURGEONS OF ONTARIO Respondent (Respondent) Dr. David Chuang, DMD in person Ian J. Roland for the respondent Heard: January 17, 2008 On appeal from the order of Justice Beth A. Allen of the Superior Court of Justice dated August 24, 2007. APPEAL BOOK ENDORSEMENT [1] We agree with the motion judge that the appellant has demonstrated a pattern of behaviour that falls squarely within the criteria for a vexatious litigant set out by Henry J. in Lang Michener v. Fabian. [2] Accordingly, the appeal is dismissed with costs fixed at $10,000, inclusive of disbursements and G.S.T. [3] Approval of the form and content of the order is not needed.