CITATION: Admassu v. Ontario (Court of Justice), 2009 ONCA 226
DATE: 20090313
DOCKET: C49315
COURT OF APPEAL FOR ONTARIO
Goudge, Simmons and Juriansz JJ.A.
BETWEEN:
Ayele Admassu
Appellant
and
Ontario Court of Justice Family Branch and Ms. Marie D’Eon and Ishbel Ogilivie and Mario Gonzalez
Respondent
Ayele Admassu, acting in person
Adam Pantel, for the Ishbel Ogilivie
Heard and endorsed: March 12, 2009
On appeal from the judgment of Justice Andra Pollak of the Superior Court of Justice dated August 6, 2008.
APPEAL BOOK ENDORSEMENT
[1] The motion judge granted the respondent's request for summary judgment dismissing the appellant's action. The appellant submits that the motion judge erred by failing to find that there was a genuine issue for trial.
[2] We disagree. We recognize the unfortunate circumstances involved in this situation. However, like the motion judge we are unable to find that the appellant has a legal claim against the respondent.
[3] The respondent is the supervising duty counsel at the family branch of the Ontario Court at 311 Jarvis St Toronto.
[4] The appellant sued the respondent, the Ontario Court and two employees of the court, claiming damages because he was prevented from filing a motion without notice during a family law proceeding.
[5] The appellant's action against the court and the court employees was previously dismissed. The motion judge noted that the respondent did not make the decision not to accept the appellant's motion but rather attempted to explain why the court staff would not accept the motion.
[6] We agree with the motion judge's conclusion that the appellant has not set out any basis for legal liability on the part of the respondent.
[7] The appeal is therefore dismissed. There will be order as to costs of this appeal.