Ontario Civil


Civil Practice and Procedure

Disposition without trial

Stay or dismissal of action

Plaintiff had no cause of action against Public Guardian and Trustee

Plaintiff’s action was dismissed under R. 2.1 of Rules of Civil Procedure. Motion judge determined that Divisional Court was not suable entity and that claim against province for allegedly wrong decision of that court was frivolous and vexatious. He also held that there was no merit in plaintiff’s action against Public Guardian and Trustee for its conduct in settling prior actions on plaintiff’s behalf as settlements were approved by Divisional Court. In addition, he found that plaintiff had no cause of action against Public Guardian and Trustee for solicitor’s negligence because it did not act in capacity of plaintiff’s solicitor. Similarly, he concluded that Public Guardian and Trustee’s counsel owed its duties to Public Guardian and Trustee and not to plaintiff. Plaintiff appealed. Appeal dismissed. No error was seen in motion judge’s conclusion that plaintiff’s claim was devoid of merit or in his reliance on history of prior proceedings to address R. 2.1 issue. Prior proceedings formed subject matter of plaintiff’s action and were incorporated by reference into his statement of claim.

Kavuru v. Ontario (Public Guardian and Trustee) (2016), 2016 CarswellOnt 16562, 2016 ONCA 758, Janet Simmons J.A., H.S. LaForme J.A., and G. Pardu J.A. (Ont. C.A.); affirmed (2015), 2015 CarswellOnt 18765, 2015 ONSC 7697, F.L. Myers J. (Ont. S.C.J.).

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