Pratte,
J.:
—We
are
all
of
the
opinion
that
the
decision
of
the
Trial
Division
cannot
be
reconciled
with
the
recent
judgment
of
this
Court
in
The
College
of
Physicians
and
Surgeons
of
British
Columbia
v.
Varnam
(unreported,
Feb.
22,
1988).
The
appeal
will,
for
this
reason,
be
allowed,
the
decision
under
attack
will
be
set
aside
and
the
order
of
Muldoon,
J.,
pronounced
on
March
10,
1987,
granting
the
respondents
leave
to
serve
the
amended
statement
of
claim
“ex
juris"
will
also
be
set
aside.
The
appellants
shall
be
entitled
to
their
costs
of
the
appeal
and
of
the
preceding
applications
in
the
Trial
Division.
Appeal
allowed.
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