ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 14-47247

DATE: 2014-08-01

B E T W E E N:

Emad Elguindy and Irene Elguindy

Emad Elguindy and Irene Elguindy, Self-represented

Plaintiffs

• and -

April Mraud, Debra Billings, Sarah Low, Chris Trowbridge, Lori McDonald, Commissioner of Correctional Service of Canada, Chairperson of the Parole Board of Canada, Her Majesty the Queen in Her Right in Canada, and Attorney General of Canada

Jim Kapches and Matthew Sullivan, for the Defendants/Applicants

Defendants/Applicants

HEARD: July 28, 2014 (Hamilton)

REASONS FOR RULING

[1] The plaintiffs abandoned their opposition to the defendants’ motion to set aside the noting in default of the defendants and their cross-motion to have Jim Kapches removed as defendant’s counsel partway through argument.

[2] In any event, the defendants had a reasonable explanation as to their failure to file a defence in the time required by the Rules and had indicated an intent to defend throughout. The motion to set aside the noting in default was brought in good time and there is an arguable defence on the merits.

[3] Order to go setting aside the noting of the defendants in default and allowing the defendants to deliver a Statement of Defence within ten days.

[4] The plaintiff’s motion to remove defendant counsel from the record is without merit and is hereby dismissed.

[5] There will be no costs ordered on the motion to set aside the noting in default.

[6] The plaintiffs have made unnecessary, demeaning and scurrilous comments about defendant’s counsel in their motion material to have defendant’s counsel removed as counsel of record. This cannot be tolerated and must bear cost consequences.

[7] Defendants are entitled to costs in the amount of $1,500 plus HST payable within 30 days.

LOFCHIK, J.

Released: August 1, 2014

COURT FILE NO.: 14-47247

DATE: 2014-08-01

ONTARIO
SUPERIOR COURT OF JUSTICE

B E T W E E N:

Emad Elguindy and Irene Elguindy

Plaintiffs

• and –

April Mraud, Debra Billings, Sarah Low, Chris Trowbridge, Lori McDonald, Commissioner of Correctional Service of Canada, Chairperson of the Parole Board of Canada, Her Majesty the Queen in Her Right in Canada, and Attorney General of Canada

Defendants/Applicants

REASONS FOR RULING

TRL;co

Released: August 1, 2014