Cassandra Sau-Wan Ma

The appellant appealed an order of the Superior Court of Justice.

The Court of Appeal for Ontario issued a costs endorsement awarding costs to the appellant in connection with both the appeal and the motion before the motion judge.

The appellant, acting in person, was awarded all-inclusive costs of $4,000 for the appeal and $3,500 for the motion.

The appellant appealed a motion judge's order dismissing her action against the respondents under Rule 21.01(1)(b) of the Rules of Civil Procedure without leave to amend.

The appellant alleged that the respondents breached a settlement agreement by: (1) appealing her WSIB benefits claim in violation of a release clause, and (2) breaching confidentiality provisions by disclosing settlement agreement information in an affidavit filed in a class proceeding.

The motion judge struck both claims and dismissed the action against the individual respondent.

The Court of Appeal allowed the appeal, finding it was not plain and obvious that the claims could not succeed, and granted leave to amend the claim against the individual respondent.

The plaintiff, a former police officer, sued for breach of a Resignation Agreement, alleging the defendants appealed her workers' compensation claim and disclosed her identity in an affidavit, contrary to confidentiality terms.

The defendants brought a motion to strike the Amended Statement of Claim under Rule 21.01(1)(b).

The court found that parties cannot contract out of the Workplace Safety and Insurance Act, 1997, and that the affidavit, prepared for a court proceeding, was protected by absolute privilege.

Consequently, both grounds for the breach of contract claim failed to disclose a reasonable cause of action, and the claim was struck without leave to amend.