2011 January 14

Conroy v The College of Physicians and Surgeons of Ontario, 2011 ONSC 324

The Ontario Superior Court of Justice granted the defendant’s application for summary judgment dismissing this action, which included claims arising from an allegedly defamatory posting on the College’s website/public register. The Court held that the College had immunity based on section 38 of the Registered Health Professions Act, which provided that no action or proceeding could be instituted for any act done in good faith in the performance or intended performance of a duty. The Court found that the plaintiff had failed to plead necessary particulars of “bad faith” on the part of the defendant College and in the alternative, there were no facts in evidence to support a finding that the College had acted in “bad faith.”