Edward O’Dwyer

The defendants brought motions to strike the plaintiff's Fresh As Amended Statement of Claim and dismiss the action.

The plaintiff, a therapeutic counsellor, had previously sued the defendants in Small Claims Court and initiated various complaints regarding a fee-splitting and supervision arrangement.

The court found that the current action was an attempt to relitigate claims that had already been dismissed or settled, constituting an abuse of process.

Furthermore, the claims were statute-barred as they were discovered more than two years before the action was commenced.

The court dismissed all claims except for a defamation claim against one defendant, which was struck for lack of particularity but with leave to amend.

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.

The plaintiff brought a motion under Rule 21.01(1)(a) seeking an order for the payment of a volume bonus commission prior to trial in a wrongful dismissal action.

The plaintiff sought leave to introduce extensive affidavit evidence.

The court dismissed the motion, finding that the interpretation of the employment agreement in light of alleged code of conduct breaches raised a question of mixed fact and law, not a pure question of law.

The court noted the motion was effectively an improper attempt to bypass the procedural requirements of a Rule 20 summary judgment motion, including mandatory attendance at Civil Practice Court, and warned against the risks of partial summary judgment.