Pokonzie v. Ontario
The appeal was dismissed because the claim did not disclose a reasonable cause of action, failed to plead essential elements, and constituted an abuse of process by attempting to relitigate previous proceedings.
Source-derived case information.
- Citation
- 2008 ONCA 627
- Parties
- Appellant: Edward Pokonzie; Respondent: Her Majesty the Queen in Right of Ontario; Respondent: Laurention Publishing; Respondent: The Northern Life; Respondent: Osprey Media Group; Respondent: The Sudbury Star
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 September 2008
- Procedural Posture
- Civil / Appeal From Superior Court (motion Judge's Decision)
- Outcome
- Appeal dismissed
- Legal Topics
- Cause of Action, Abuse of Process, Res Judicata, Strike Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Pokonzie
Appellant
Her Majesty the Queen in Right of Ontario
Respondent
Laurention Publishing
Respondent
The Northern Life
Respondent
Osprey Media Group
Respondent
The Sudbury Star
Respondent
Procedural Posture
Civil / Appeal From Superior Court (motion Judge's Decision)
Legal Issues
- 1 Whether the statement of claim disclosed a reasonable cause of action
- 2 Whether the pleadings pleaded the essential elements of any cause of action
- 3 Whether the claim was an impermissible relitigation amounting to abuse of process
Ratio Decidendi
The appeal was dismissed because the claim did not disclose a reasonable cause of action, failed to plead essential elements, and constituted an abuse of process by attempting to relitigate previous proceedings.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs awarded: Laurention Publishing $3,000 inclusive of G.S.T. and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Pokonzie v. Ontario Collection Decisions of the Court of Appeal Date 2008-09-12 Neutral citation 2008 ONCA 627 Docket numbers C46577 Judges Rosenberg, Marc; Borins, Stephen; Gillese, Eileen E. Subject Civil Decision Content CITATION: Pokonzie v. Ontario, 2008 ONCA 627 DATE: 20080912 DOCKET: C46577 COURT OF APPEAL FOR ONTARIO Rosenberg, Borins and Gillese JJ.A. BETWEEN: Edward Pokonzie Plaintiff (Appellant) and Her Majesty the Queen in Right of Ontario Laurention Publishing The Northern Life Osprey Media Group The Sudbury Star Defendants (Respondents) Edward Pokonzie in Person Kevin D. Toyne for Laurention Publishing and The Northern Life Connie Vernon for Her Majesty the Queen Brian MacLeod Rogers for Osprey and The Sudbury Star Heard and endorsed: September 11, 2008 On appeal from the judgment of Justice Louise L. Gauthier of the Superior Court of Justice dated December 20, 2006 made at Sudbury. APPEAL BOOK ENDORSEMENT [1] We agree with the reasons of the motion judge. This claim does not disclose a reasonable cause of action, does not plead the essential elements of any cause of action, and as an attempt to relitigate previous court proceedings is an abuse of process. [2] The appeal is dismissed with costs to Laurention of $3,000, costs to Osprey of $3,000 and costs to the Crown of $500, all inclusive of G.S.T. and disbursements.