Court File and Parties

CITATION: Bouragba v. Ontario College of Teachers, 2021 ONSC 2669

COURT FILE NO.: 264/21

DATE: 2021-04-09

SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT

RE: Bouragba v. Ontario College of Teachers

COUNSEL: Mr Bouragba, self-represented

BEFORE: D.L. Corbett J.

DATE: April 8, 2021

HEARD: In Chambers, In Writing

Endorsement

D.L. Corbett J.

[1] In response to the R.2.1.01 notice issued by the court, Mr Bouragba has delivered submissions explaining why, he says, this is not one of the clearest of cases that would justify summary dismissal pursuant to R.2.1.01.

[2] I am persuaded by Mr Bourgaba’s submissions that the issue respecting the effect of s.137.1(5) on a motion to discontinue is not settled in the jurisprudence, and that there is a tenable legal argument available to Mr Bouragba on this point. Accordingly, the appeal shall not be dismissed pursuant to R.2.1.01.

[3] The parties shall confer to agree upon a schedule for exchange of appeal materials and provide their agreed schedule to this court by April 23, 2021. If a schedule cannot be agreed, then the parties shall schedule a case management teleconference with the court.

D.L. Corbett J.

Date: April 9, 2021