Court of Appeal for Ontario

Date: 2025-04-04
Docket: COA-24-CV-1199

Before: L.B. Roberts, Gary Trotter, J. George JJ.A.

Between

Gaurav Tewari
Plaintiff (Appellant)

and

Hantover Canada Inc.
Defendant (Respondent)

Appearances:
Gaurav Tewari, acting in person
Kevin Graham and Jenna Rumeo, for the respondent

Heard and released orally: April 2, 2025

On appeal from the order of Justice Susan E. Healey of the Superior Court of Justice, dated October 2, 2024.

Reasons for Decision

[1] The appellant appeals from the decision of the motion judge, who ordered that his action be permanently stayed as a duplicative pleading and as an abuse of process. In support of the permanent stay order, she also found that the claim should be struck under rr. 21.01(3)(c) and (d), and 25.11 of the Rules of Civil Procedure “as it is plain and obvious that it contains no reasonable causes of action and is frivolous, vexatious and an abuse of process.” She refused leave to amend the appellant’s statement of claim.

[2] The appellant has not demonstrated that the motion judge committed any error of law, or that she erred in her factual findings. We completely agree with the analysis set out in her thorough reasons for judgment. In particular, we do not agree that the trial judge erred in refusing to grant leave to amend. The motion judge gave careful consideration to all issues raised by the appellant. The decision to refuse leave to amend is a discretionary decision that attracts considerable deference on appeal. We see no error.

[3] The appeal is dismissed.

[4] The respondent is entitled to costs in the amount of $35,000, inclusive of taxes and disbursements.

L.B. Roberts J.A.
Gary Trotter J.A.
J. George J.A.