Court of Appeal for Ontario

CITATION: Pearson v. Ontario (Attorney General), 2007 ONCA 171

DATE: 20070315

DOCKET: C45660

RE: GARY WILLIAM Pearson (Appellant/Moving Party) v. THE ATTORNEY GENERAL OF ONTARIO AND HIS AGENT PROVINCIAL CROWN ATTORNEY OF ONTARIO, ANDREW GOODMAN (Defendants/Respondents)

BEFORE: DOHERTY, MOLDAVER and CRONK JJ.A.

COUNSEL: Peter Boushy for the appellant

Sara Blake and Troy Harrison for the respondents

HEARD & ENDORSED: March 13, 2007

On appeal from the judgment of Justice David S. Crane of the Superior Court of Justice dated March 3, 2006.

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

[1] The motion judge correctly determined that the pleadings were inadequate. The appellant has not pled the material facts necessary to support the allegations of the absence of reasonable and possible ground or malice.

[2] The motion judge had nothing before him which would have permitted him to exercise his discretion in favour of giving the appellant an opportunity to amend his pleadings. Nor do we.

[3] The appeal is dismissed. Costs to the respondents in the amount of $3,000.00, inclusive of GST and disbursements.