The appellant appealed an order striking his statement of claim against the respondent on the basis that it disclosed no reasonable cause of action.
He argued procedural unfairness because he did not attend the motion hearing, but the court found no prejudice because his written submissions were before the motion judge and he failed to seek a rehearing under r. 37.14(1)(b).
The court agreed that the pleaded claims disclosed no reasonable cause of action, although it noted the motion judge's reference to s. 9 of the Law Society Act may have been misplaced.
The appeal was otherwise dismissed, but the original costs award was reduced and appeal costs were awarded to the respondent.
