Ontario Civil


Civil Procedure


Affidavit did not support cause of action against employees as proposed defendants

JOINDER

Plaintiff brought motion to add two lawyers and law firm as additional defendants and to add two employees of doctor as defendants. Plaintiff sought to add estate as additional plaintiff and to claim wrongful death of deceased. Plaintiff sought to convert action to class action. Plaintiff sought leave to increase amount of her claim from $1 million to $100 million. Plaintiff sought permanent injunction restraining doctor or his staff or any person at law firm from having contact with plaintiff. Plaintiff sought order against doctor enjoining him from practising medicine. Plaintiff’s request for order that she be heard by teleconferencing or Skype was considered and order was made for all parties to appear in person when motion was heard. Plaintiff did not appear in person. Plaintiff’s written request for adjournment was dismissed. Plaintiff was deemed to have abandoned motion. Parts of motion would have been dismissed in any event for lack of evidence or for reasons that relief requested was contrary to law or Rules of Civil Procedure (Ont.). It was premature to seek leave with respect to testimony of experts for any reason in action. Plaintiff did not attach amended statement of claim to her materials containing precise allegations or showing how any claim could be made against proposed defendants. Affidavit material did not support any cause of action against employees as proposed defendants. There was no evidence that estate trustee consented to add estate as plaintiff. Plaintiff was sole plaintiff and Class Proceeding Act, 1992 (Ont.), did not apply. Plaintiff provided no evidence as basis for increasing amount of damages claimed. Supporting affidavit did not establish serious question to be tried in action that would support claim for injunctive relief. Court had no jurisdiction to make order for injunction prohibiting doctor from practising medicine.

Miller v. Turliuk

(Aug. 25, 2014, Ont. S.C.J., Emery J., File No. 2598/13) 244 A.C.W.S. (3d) 46.

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