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Digest of the Week | Striking Out Statement of Claim

Digest of the Week | Striking Out Statement of Claim

Plaintiff did not plead any material facts that supported its claim that the veterinarian and the clinic had been negligent or its claim that the veterinary medical association had been an accessory to the "crimes" of the clinic.

Pleadings -- Statement of claim -- Striking out for absence of reasonable cause of action -- Facts pleaded not supporting claim

Cram v. Nova Veterinary Clinic Ltd.
(2016), 2016 CarswellNS 680, 2016 NSSC 181, Jamie Campbell J. (N.S. S.C.) [Nova Scotia]
Nova Scotia Supreme Court

After complaint about veterinarian to veterinary medical association dismissed, plaintiff brought civil action against veterinarian, clinic and members of staff alleging negligence and against association, investigator and members of complaints committee alleging they had been accessories to "crimes" of clinic defendants, withheld evidence and obstructed justice -- Plaintiff claimed exemplary, aggravated and punitive damages as well as injunction to restrain "perversion and obstruction of justice" -- Defendants brought motion for summary judgment dismissing action on basis statement of claim disclosed no cause of action -- Motion granted -- While statement of claim alleged clinic defendants had been negligent in prescribing medication to plaintiff's pet without conducting examination, it did not identify any standard of care, breach of standard of care or causal connection between alleged negligence and damages -- Since claims against association defendants arose out of their exercise of statutory duties entitled to immunity provided they acted in good faith, there could be no liability in absence of allegation they acted outside their capacity -- Plaintiff's bald allegation of bad faith and bias, without material facts in support, insufficient -- Statement of claim did not plead material facts that, if proven, would establish claims against either group of defendants.
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