The appellant appealed a summary judgment dismissing his action against the Ontario Ombudsman.
The motion judge proceeded in the appellant's absence after finding he knew of the motion and chose not to participate.
The motion judge dismissed the action because the respondent was immune from proceedings absent bad faith, and the appellant provided no evidence of bad faith.
The Court of Appeal found no error in the motion judge's discretionary decision to proceed or in granting summary judgment, and dismissed the appeal.
