Saskatchewan Veterinary Medical Association v. Hashimoto, (1999) 184 Sask.R. 130 (PC)

• Judge: Whelan, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 07, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 184 Sask.R. 130 (PC)

Veterinary Medical v. Hashimoto (1999), 184 Sask.R. 130 (PC)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. SE.039

Saskatchewan Veterinary Medical Association (plaintiff) v. Dr. Hikoroke J. Hashimoto (defendant)

(1999 S.C. No. 161)

Indexed As: Saskatchewan Veterinary Medical Association v. Hashimoto

Saskatchewan Provincial Court

Whelan, P.C.J.

September 7, 1999.

Summary:

The Saskatchewan Veterinary Medical Association sued the defendant for payment of a fine and costs which the defendant was ordered to pay as a result of a disciplinary hearing conducted under the Veterinarian's Act.

The Saskatchewan Provincial Court dis­missed the action. The court held that the amount sought by the plaintiff was not a "debt" and that if it was a debt then the action would be statute barred.

Creditors and Debtors - Topic 8

Debt defined - [See Professional Occupa­tions - Topic 2755 ].

Professional Occupations - Topic 2750

Veterinary surgeons - Disciplinary pro­ceedings - Punishment - Fines - [See Pro­fessional Occupations - Topic 2755 ].

Professional Occupations - Topic 2755

Veterinary surgeons - Disciplinary pro­ceedings - Costs - The Saskatchewan Veterinary Medical Association sued the defendant for payment of a fine and costs which the defendant was ordered to pay as a result of a disciplinary hearing conducted under the Veterinarian's Act - The Sas­katche­wan Provincial Court held that the amount sought by the plaintiff was not a "debt" - In arriving at that con­clusion the court considered that the Veter­inarian's Act provided for the remedy of suspension in the event of nonpayment of the fine and costs - Also, the imposition of a fine and costs in the context of a disci­plinary pro­cess did not suggest a meeting of the minds which was required to arrive at a debt - See paragraphs 13 to 16.

Cases Noticed:

Diewold v. Diewold, [1941] 1 D.L.R. 561 (S.C.C.), refd to. [para. 13].

Authors and Works Noticed:

Corpus Juris Secundum, vol. 26, generally [para. 14].

Dunlop, Creditor-Debtor Law In Canada (2nd Ed.), pp. 11-16 [para. 14].

Counsel:

N. Stooshinoff, for the plaintiff;

M. Henderson, for the defendant.

This action was heard at Saskatoon, Saskatchewan, before Whelan, P.C.J., of the Saskatchewan Provincial Court who delivered the following judg­ment on Septem­ber 7, 1999.