Court File and Parties

COURT FILE NO.: CV-21-00661597-0000

DATE: 20230818

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

[1] This 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.

[2] The 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.

[3] In any case, on consent the action by Nematullah Latif is dismissed, without costs.

[4] As 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.

[5] In 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.

[6] I 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.

[7] There will be an Order to go as submitted by the Defendants.

Morgan J.

Date: August 18, 2023