Nassim Rahimi

The court considered a motion by the plaintiff, Ashley Francis, to set aside a Registrar’s dismissal order for delay and for summary judgment against the remaining defendants, Robert Schneider and Sherri Hughes.

The court refused to hear the summary judgment motion but granted the motion to set aside the dismissal, subject to a timetable for the action’s progress.

The decision reviews the application of the Reid factors for setting aside a dismissal, the contextual approach to delay, and the balancing of prejudice and public interest in deciding matters on their merits.

The applicant, Ryan Alford, challenged the Law Society of Upper Canada's requirement for licensees to adopt a Statement of Principles promoting equality, diversity, and inclusion.

The Law Society brought a motion challenging the Superior Court's jurisdiction, arguing the matter should be heard as an application for judicial review in the Divisional Court.

The court found that the Law Society's decision was an exercise of statutory power, falling within the exclusive jurisdiction of the Divisional Court for judicial review.

The motion to transfer the application to the Divisional Court was granted.