Amrane c. Girlando

Amrane c. Girlando

The motion judge correctly concluded the statement of claim failed to disclose a cause of action because the respondent owed no duty of care, the claim was barred by absolute immunity and the pleaded defects were radical and incurable; therefore striking the statement and dismissing the action was proper and the...

Source-derived case information.

Citation
2022 ONCA 53
Parties
Appellant: Tahar Amrane; Respondent: Daniel Girlando
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
24 January 2022
Procedural Posture
Civil / Appeal From Motion Decision (order Striking Statement of Claim and Dismissing Action)
Outcome
Appeal dismissed
Legal Topics
Strike Statement of Claim (rule 21.01(1)(b)), Duty of Care, Absolute Immunity, Leave to Amend Pleadings, Standard of Review, Costs
Source Language
fr
Civil Procedure Tort Law Professional Liability Administrative Law Strike Statement of Claim (rule 21.01(1)(b)) Duty of Care Absolute Immunity Leave to Amend Pleadings +2 more

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Summary, issues, holding and outcome

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Parties

Tahar Amrane

Appellant

Daniel Girlando

Respondent

Procedural Posture

Civil / Appeal From Motion Decision (order Striking Statement of Claim and Dismissing Action)

  1. 1 Whether the motion judge erred in striking the statement of claim under Rule 21.01(1)(b)
  2. 2 Whether the respondent owed a duty of care to the appellant
  3. 3 Whether absolute immunity barred the tort claim

Ratio Decidendi

The motion judge correctly concluded the statement of claim failed to disclose a cause of action because the respondent owed no duty of care, the claim was barred by absolute immunity and the pleaded defects were radical and incurable; therefore striking the statement and dismissing the action was proper and the denial of amendment was a reasonable exercise of discretion, which the Court of Appeal upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order dated 31 December 2020 striking the appellant's statement of claim and dismissing the action upheld