VANCOUVER, B.C. (CN) - After losing a $35 million malpractice lawsuit accusing him of performing "thousands of unnecessary root canals," a dentist fraudulently transferred property to duck the judgment, dozens of his patients claim in court.
Lead plaintiff Kathryn Cox and 27 others sued Henry Duyzend in British Columbia Supreme Court. They claim that Duyzend transferred a British Columbia property he owns and registered a mortgage in favor of a company he controls: co-defendant 0846239 B.C. Ltd.
"At the time of the mortgage and transfer, Duyzend was aware that he was being investigated for fraudulent and negligent dental practices and that it was likely that such investigations would lead to civil and/or regulatory claims," the complaint states.
In July, a King County judge in Seattle awarded a group of Duyzend's former patients $35.2 million. The award came from arbitration proceedings after Duyzend was accused of performing "thousands of unnecessary root canals," according to the Seattle Times .
Plaintiffs want the property conveyance declared fraudulent, and they want the $35 million.
They are represented by Nicholas R. Hughes with McCarthy Tetrault in Vancouver.
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