Ryan Ashwin Deshpande

The defendant brought a motion to strike the plaintiff's amended statement of claim under Rule 21.01(1)(b) of the Rules of Civil Procedure.

The plaintiff, a self-represented litigant with Asperger's syndrome, challenged the constitutionality of the exclusion of mental illness from the medical assistance in dying (MAID) regime under the Criminal Code.

The court found that the claim lacked the necessary factual foundation, specifically the allegation that the plaintiff had undergone a MAID assessment and been denied based on mental illness.

The court struck the amended statement of claim but granted leave to amend within 90 days, requiring the plaintiff to adduce evidence of a triable issue relating to denial of MAID based on Asperger's syndrome.

The plaintiff, Roger Foley, failed to comply with a prior court order requiring payment of over $100,000 in costs to the defendants by August 30, 2024.

Despite being given an opportunity to respond, the plaintiff did not dispute non-payment and failed to provide sufficient evidence of impecuniosity.

The court dismissed the action against all remaining defendants, refusing a further extension of time or to convert unpaid costs to costs in the cause, emphasizing the importance of compliance with court orders.

This decision addresses the issue of costs following the striking out of the plaintiff's claim.

The plaintiff sought to have his former lawyer personally pay costs or for no costs to be awarded.

The court dismissed the request for personal costs against the lawyer, finding his conduct did not cause unnecessary costs and did not meet the high threshold for such an order.

The court awarded partial indemnity costs to the defendants and imposed terms requiring the plaintiff to pay all outstanding costs orders (including prior ones) before being permitted to amend his claim, failing which the action would be dismissed.