Pearson v. Ontario (Attorney General)
The pleadings were inadequate because they did not plead the necessary material facts to support allegations of absence of reasonable and probable grounds or malice, and there was no material before the motion judge or this Court that would justify exercising discretion to permit amendment; accordingly the appeal...
Source-derived case information.
- Citation
- 2007 ONCA 171
- Parties
- Appellant: Gary William Pearson; Respondent: The Attorney General of Ontario; Respondent: Andrew Goodman
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2007
- Procedural Posture
- Civil / Appeal From Superior Court
- Outcome
- Appeal dismissed
- Legal Topics
- Pleadings, Motion to Dismiss, Leave to Amend, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gary William Pearson
Appellant
The Attorney General of Ontario
Respondent
Andrew Goodman
Respondent
Procedural Posture
Civil / Appeal From Superior Court
Legal Issues
- 1 Whether the pleadings adequately alleged material facts to support allegations of absence of reasonable and probable grounds or malice
- 2 Whether the motion judge and this Court should exercise their discretion to permit amendment of the pleadings
- 3 Whether the appeal should be dismissed and costs awarded
Ratio Decidendi
The pleadings were inadequate because they did not plead the necessary material facts to support allegations of absence of reasonable and probable grounds or malice, and there was no material before the motion judge or this Court that would justify exercising discretion to permit amendment; accordingly the appeal must be dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondents in the amount of $3,000.00 inclusive of GST and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Pearson v. Ontario (Attorney General) Collection Decisions of the Court of Appeal Date 2007-03-15 Neutral citation 2007 ONCA 171 Docket numbers C45660 Judges Doherty, David H.; Moldaver, Michael James; Cronk, Eleanore Ann Subject Civil Decision Content CITATION: Pearson v. Ontario (Attorney General), 2007 ONCA 171 DATE: 20070315 DOCKET: C45660 COURT OF APPEAL FOR ONTARIO RE: GARY WILLIAM PEARSON (Appellant/Moving Party) v. THE ATTORNEY GENERAL OF ONTARIO AND HIS AGENT PROVINCIAL CROWN ATTORNEY OF ONTARIO, ANDREW GOODMAN (Defendants/Respondents) BEFORE: DOHERTY, MOLDAVER and CRONK JJ.A. COUNSEL: Peter Boushy for the appellant Sara Blake and Troy Harrison for the respondents HEARD & ENDORSED: March 13, 2007 On appeal from the judgment of Justice David S. Crane of the Superior Court of Justice dated March 3, 2006. APPEAL BOOK ENDORSEMENT [1] The motion judge correctly determined that the pleadings were inadequate. The appellant has not pled the material facts necessary to support the allegations of the absence of reasonable and possible ground or malice. [2] The motion judge had nothing before him which would have permitted him to exercise his discretion in favour of giving the appellant an opportunity to amend his pleadings. Nor do we. [3] The appeal is dismissed. Costs to the respondents in the amount of $3,000.00, inclusive of GST and disbursements.