DATE: 20061107

DOCKET: C45302

COURT OF APPEAL FOR ONTARIO

RE:

BOHDAN SZEWCZYK (Plaintiff (Appellant)) – and – REAL ESTATE COUNCIL OF ONTARIO (Defendant (Respondent))

BEFORE:

MOLDAVER, SIMMONS and GILLESE JJ.A.

COUNSEL:

Bohdan Szewczyk

In person

Kurt K. Pereira

for the respondent

HEARD & ENDORSED:

November 6, 2006

On appeal from the judgment of Justice Hariet Sachs of the Superior Court of Justice dated April 10, 2006.

A P P E A L B O O K E N D O R S E M E N T

[1] The respondent imposed a penalty on the appellant in disciplinary proceedings against him. Rather than appealing that decision, the appellant brought this lawsuit claiming that the discipline decision was wrong and that the respondent defamed him by publishing its decision on the Internet. The appellant asserts that the respondent acted in bad faith in his claim in this action. To the extent that the motion judge held otherwise, we respectfully disagree.

[2] However, having failed to appeal the respondent’s decision, it was not open to the appellant to bring this action as it constitutes an abuse of process and a collateral attack on the decision.

[3] Accordingly the appeal is dismissed. Costs to the respondent fixed at $1,000 inclusive of G.S.T. and disbursements.