Joël Dubois

The moving party, a professional association, brought a motion to dismiss the plaintiff's action as an abuse of process or for summary judgment.

The plaintiff, a former member of the association, sued for defamation, conspiracy, and breach of privacy arising from the association's publication of a notice of hearing that included his own complaint against co-workers.

The court granted the motion and dismissed the action, finding it was an impermissible collateral attack on the association's unappealed discipline decision.

Furthermore, the court held that the defamation and privacy claims were statute-barred under the Limitations Act, 2002, and that the association was protected by statutory immunity and absolute privilege.

The plaintiffs sought continuation of an ex parte Mareva injunction freezing the defendant’s assets in a civil action alleging fraud, negligent misrepresentation, and unjust enrichment arising from more than $1.6 million paid over thirteen years for alternative therapy.

The court considered whether the plaintiffs established a strong prima facie case and whether the balance of convenience favoured continuation of the injunction.

The court found the plaintiffs failed to demonstrate a strong prima facie case, noting that the payments were voluntarily made for services provided by an astrologist and medium whose credentials were not misrepresented.

The court accepted an undertaking that the net proceeds from the defendant’s Quebec residence would be held in trust pending further order.

The Mareva injunction was therefore not continued except for the confidentiality provisions.