Court of Appeal for Ontario

Citation: Luther v. Ontario (Training, Colleges and Universities), 2009 ONCA 735

Date: 2009-10-20

Docket: C50047

Before: Doherty, Goudge and LaForme JJ.A.

Between

William Byron Luther o/a Eclipse Paralegal

Plaintiff (Appellant)

and

Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Training, Colleges and Universities

Defendant (Respondent)

Counsel:

William Byron Luther, appearing in person

Fateh A. Salim and Kevin Hille, for the respondent

Heard: October 15, 2009

On appeal from the ruling of Justice T. Maddalena of the Superior Court of Justice dated January 20, 2009.

Appeal Book Endorsement

[1] In essence, as we understand it, the appellant pleads that Trillium College, with the full knowledge of the defendant Ministry, misappropriated his paralegal curriculum by continuing to use it after the use contemplated by the relative legislation. Assuming, as we must, for the purposes of this motion the factual validity of the assertion, we agree with the motion judge that the statement of claim does not reveal any reasonable cause of action. Nor are we satisfied that any amendment could be made that could save the claims.

[2] The appeal is dismissed. Costs to the appellant in the amount of $4,000, inclusive of disbursements and GST.