ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CV-14-506743
DATE: 20150923

BETWEEN:

MOHAMMED ELBADAWI
Plaintiff

– and –

SAL BAYOUMI (ALSO KNOWN AS SALAH BAYOUMI), JOYCE LEE, BARRY ATTWOOD, JINLI DING AND TSHIKO NAKANO
Defendants

Mohammed Elbadawi, on his own behalf

P. Tamara Sungunasiri, for Sal Bayoumi

HEARD: September 15, 2015

M. D. FAIETA, j

reasons FOR DECISION

[1] The plaintiff was the subject of a successful audit by the Canada Revenue Agency and prosecution for tax evasion. The plaintiff claims damages in the amount of $2 million from the defendants.

[2] The defendant Bayoumi is a former team leader of investigators at the CRA. He is now retired. The defendant Bayoumi brings this motion for summary judgment on the basis that the claim raises no genuine issue requiring trial. The plaintiff alleges a variety of causes of action against Bayoumi including conspiracy, misfeasance in public office, defamation and interference with contractual relations. The plaintiff also alleges causes of action in harassment and false pretense which do not exist in law.

[3] The plaintiff’s affidavit in response to this motion for summary judgment largely repeats the bald and vague assertions found in the statement of claim.

[4] I adopt the statement of facts found in Bayoumi’s Factum. The plaintiff has not provided any evidence that shows that Bayoumi committed any of the alleged torts. In particular, there is no evidence whatsoever that Bayoumi conspired with the other defendants for the purpose of injuring the plaintiff or exercised any statutory powers illegally or for improper purpose. On a motion for summary judgment the respondent must put his best foot forward and lead evidence to support his claim. The plaintiff has failed to do so. There is no evidence that Bayoumi did anything other than carry out his supervisory duties in good faith.

[5] Accordingly, summary judgment is granted and the action against Bayoumi is dismissed. The defendant Bayoumi seeks costs of $11,680.20. Given the extensive materials associated with this motion, including the attendances at examination, it is fair and reasonable to order the plaintiff to pay costs in the amount of $8,000.00 to the defendant Bayoumi forthwith.

Mr. Justice M. D. Faieta

Released: September 23, 2015

COURT FILE NO.: CV-14-506743
DATE: 20150923

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

MOHAMMED ELBADAWI
Plaintiff

– and –

SAL BAYOUMI (ALSO KNOWN AS SALAH BAYOUMI), JOYCE LEE, BARRY ATTWOOD, JINLI DING AND TSHIKO NAKANO
Defendants

REASONS FOR DECISION

Mr. Justice M. D. Faieta

Released: September 23, 2015