Z. Al-Khatib

The plaintiff, a disbarred lawyer, brought an action against the Law Society of Ontario and several of its employees, alleging various torts and Charter breaches related to his disciplinary proceedings.

The LSO defendants brought a motion to strike the Statement of Claim.

The court granted the motion, finding that the LSO defendants were protected by statutory immunity under the Law Society Act and that the plaintiff failed to plead material facts to support his claims of bad faith, misfeasance in public office, Charter breaches, intrusion upon seclusion, and defamation.

The court also found the action to be an abuse of process as a collateral attack on the disciplinary tribunal's decisions.

The Statement of Claim was struck without leave to amend.

The plaintiffs obtained a Mareva injunction against the defendant, Dr. Al Jabri, requiring him to disclose his worldwide assets and submit to cross-examination.

During the cross-examination, disputes arose regarding the scope of permissible questions, particularly concerning assets held prior to the Mareva order, assets gifted to his son, and assets transferred to others.

The plaintiffs brought a motion for directions.

The court held that the plaintiffs are entitled to examine the defendant on former assets, gifted assets, and transferred assets to test whether he retains any continuing interest in or control over them, as such assets would be captured by the Mareva order.

The court provided a framework for the permissible scope of cross-examination and ordered the defendant to re-attend.