Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: NEMATULLAH LATIF, ABRAHIM LATIF (MINOR) and ARMAAN LATIF (MINOR), Plaintiffs
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ROBERT SUGAR, RUSSELL TILDEN, MALACH FIDLER SUGAR + LUXENBERG LLP & COOPERATORS INC., Defendants
BEFORE: E.M. Morgan J.
COUNSEL: Nematullah Latif, on his own behalf Russell Tilden, for the Defendants
HEARD: August 18, 2023
ENDORSEMENT
1This claim was brought by a self-represented Plaintiff on behalf of himself and purportedly two minor children. It was never styled correctly and no litigation guardian was ever appointed for the children.
2The entire claim was, frankly, ill conceived – the Plaintiffs were suing the lawyers and insurance company that represented the opposing party in previous litigation over a car accident. He Defendants scheduled this motion in order to argue for its dismissal on the grounds that it lacked a cause of action. Without going into any full analysis as I have not heard the motion (but have read the materials filed), I can say that had the Plaintiff, Nematullah Latif, not agreed to dismiss the claim prior to attending before me today it likely would have been dismissed.
3In any case, on consent the action by Nematullah Latif is dismissed, without costs.
4As for the action by two minors, since he is not their litigation guardian, Nematullah Latif does not formally have the right to speak for them. Indeed, he never had the right to commence the claim under their names in the first place.
5In any case, the minors’ claim was just as poorly conceived as was the claim on behalf of Mr. Latif as adult Plaintiff. Given that it is my view that it was never properly commenced on their behalf. I am prepared to dismiss the claim purportedly brought by Abraham Latif and Armaan Latif along with the claim of Nematullah Latif. The entire action is therefore dismissed, without costs.
6I understand that as part of the settlement of this action, the Defendants have agreed to forego their right to collect a previous costs award issued in their favour in this action.
7There will be an Order to go as submitted by the Defendants.
Morgan J.
Date: August 18, 2023