ONTARIO
SUPERIOR COURT OF JUSTICE
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
1The 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.
2In 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.
3Order to go setting aside the noting of the defendants in default and allowing the defendants to deliver a Statement of Defence within ten days.
4The plaintiff’s motion to remove defendant counsel from the record is without merit and is hereby dismissed.
5There will be no costs ordered on the motion to set aside the noting in default.
6The 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.
7Defendants 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