ElZayat v. Ontario (Ombudsman)

ElZayat v. Ontario (Ombudsman)

The motion judge did not err in proceeding in the appellant's absence given notice and discretionary considerations; there was no evidence of bad faith and no genuine issue for trial, therefore summary judgment dismissing the action was properly granted and is entitled to deference on appeal.

Source-derived case information.

Citation
2021 ONCA 336
Parties
Plaintiff (appellant): Haytham ElZayat; Defendant (respondent): Ontario Ombudsman
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
20 May 2021
Procedural Posture
Civil / Appeal From Summary Judgment Dismissal (superior Court)
Outcome
Appeal dismissed.
Legal Topics
Summary Judgment, Immunity of Public Body, Bad Faith, Costs, Adjournment/discretion
Source Language
english
Civil Procedure Administrative Law Summary Judgment Immunity of Public Body Bad Faith Costs Adjournment/discretion

Source-derived case record

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Parties

Haytham ElZayat

Plaintiff (appellant)

Ontario Ombudsman

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment Dismissal (superior Court)

Legal Issues

  1. 1 Whether the motion judge erred in granting summary judgment dismissing the action
  2. 2 Whether the motion should have been heard in the appellant's absence
  3. 3 Whether the respondent is immune from proceedings absent bad faith

Ratio Decidendi

The motion judge did not err in proceeding in the appellant's absence given notice and discretionary considerations; there was no evidence of bad faith and no genuine issue for trial, therefore summary judgment dismissing the action was properly granted and is entitled to deference on appeal.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Respondent awarded costs fixed at $4,500 inclusive.