Court File and Parties

CITATION: Pagourov v. Cox, 2007 ONCA 745

DATE: 20071101

DOCKET: C46920

COURT OF APPEAL FOR ONTARIO

LASKIN, LANG and JURIANSZ JJ.A.

BETWEEN:

DIMITRE PAGOUROV

Plaintiff (Appellant)

and

JOHN COX, DAVID BROADLEY and JOHN MENDLER, in all their capacities, including personal, SCIENCE APPLCIATIONS INTERNATIONAL CORPORATION (SAIC CANADA), Employer, EXPLORANIUM G.S. LTD., Former Employer, acquired by SAIC, WORKPLACE SAFETY AND INSURANCE BOARD OF ONTARIO

Defendants (Respondents)

Counsel:

Dimitre Pagourov, in person

Erick Kupka for the respondent, Workplace Safety and Insurance Board of Ontario

David A. Stamp for the respondents, Science Applications International (SAIC Canada), Exploranium G.S. Ltd., John Cox, David Broadley and John Mendler

Heard: October 31, 2007

On appeal from the order of Justice Deena F. Baltman of the Superior Court of Justice dated March 13, 2007.

APPEAL BOOK ENDORSEMENT

[1] We agree with the motion judge that Mr. Pagourov’s action should be dismissed as an abuse of process.

[2] Accordingly, the appeal is dismissed with costs fixed at $2,500, inclusive of disbursements and G.S.T.