Mehta v. Wolfville Animal Hospital

Mehta v. Wolfville Animal Hospital

The Statement of Claim is dismissed in its entirety under Rule 13.03 because, taking the pleaded facts as true, the pleading discloses no reasonable cause of action, is vexatious and abusive, fails to comply with Rule 38.02(2), improperly seeks Charter relief against private parties and is bound to fail; therefore summary judgment dismissal is required.

Citation
2021 NSSC 363
Parties
Plaintiff/respondent on Motion: Rakesh (Rick) Mehta; Defendant/moving Party on Motion: Wolfville Animal Hospital; Defendant/moving Party on Motion: Dr. Carrie Terry Family Dentistry Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 December 2021
Procedural Posture
Civil Summary Judgment on Pleadings / Motion for Summary Judgment on the Pleadings
Outcome
Statement of Claim dismissed in its entirety under Rule 13.03
Legal Topics
Summary Judgment on Pleadings, Sufficiency of Pleadings, Charter Remedies Against Private Parties, Mandamus and Injunctive Relief, Abuse of Process, Costs Assessment
Source Language
English
Civil Procedure Constitutional Law Administrative Law Costs/procedure Summary Judgment on Pleadings Sufficiency of Pleadings Charter Remedies Against Private Parties Mandamus and Injunctive Relief +2 more

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Parties

Rakesh (Rick) Mehta

Plaintiff/respondent on Motion

Wolfville Animal Hospital

Defendant/moving Party on Motion

Dr. Carrie Terry Family Dentistry Inc.

Defendant/moving Party on Motion

Procedural Posture

Civil Summary Judgment on Pleadings / Motion for Summary Judgment on the Pleadings

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action
  2. 2 Whether the pleading is clearly unsustainable, vexatious or abusive
  3. 3 Whether Charter remedies can be granted against private actors in this context

Ratio Decidendi

The Statement of Claim is dismissed in its entirety under Rule 13.03 because, taking the pleaded facts as true, the pleading discloses no reasonable cause of action, is vexatious and abusive, fails to comply with Rule 38.02(2), improperly seeks Charter relief against private parties and is bound to fail; therefore summary judgment dismissal is required.

Court Disposition

Statement of Claim dismissed in its entirety under Rule 13.03

Orders

  • Proceeding dismissed: Statement of Claim set aside and the proceeding dismissed.
  • Each Defendant awarded party-and-party costs of $2,400.00 inclusive of disbursements.