Court of Appeal for Ontario

CITATION: Tohidy v. Algonquin College, 2010 ONCA 877

DATE: 20101220

DOCKET: C52328

BEFORE: Weiler, Watt and Karakatsanis JJ.A.

BETWEEN

Davoud Tohidy

Plaintiff/Appellant

and

Algonquin College, Russell Mills, Helen Pearce, Tanya Hawley, Steve Griffith, Robert McKenzie, Charles Carss, Patrick Denny, Lisa Mooney, Tristan Roscoe, Amel Dedic, Patti McConville, Cynthia Gee, Esther Schvan, Raphael Gera, Mary Coulas-Boucher, Jo-Hsin Chen, Susan Ramsay, Jill Wood, Julie Bruno, Natalie Rice, Helena Achia, Matt Gifford, Barbara Stacey, Amir Mohammadi and Sandra Bruelli

Respondents/Defendants

COUNSEL:

Davoud Tohidy, acting in person

Douglas W.J. Smyth, for the respondents

Heard and released orally: December 15, 2010

On appeal from the order of Justice Robert L. Maranger of the Superior Court of Justice, dated April 16, 2010.

ENDORSEMENT

[1] To the extent that the documents the appellant now proposes to file amount to evidence, we are not satisfied that they meet the test for the admission of fresh evidence.

[2] The motion judge was entitled to find on the evidence that the circumstances outlined by the appellant did not establish duress by the respondents. He did not err in finding that the settlement signed and accepted by the appellant while represented by counsel was enforceable.

[3] The question of the Notice Prohibiting Entry by Algonquin College does not form part of the settlement agreement and is not before us. Other issues raised by the appellant are not properly before us and, in any event, are now moot.

[4] The appeal is dismissed. The appellant shall pay the respondents costs fixed in the amount of $3,000 inclusive of disbursements and applicable taxes.

"K. M. Weiler J.A."

"David Watt J.A."

"Karakatsanis J.A."