Allison Garrett v. Oldfield, Greaves, D'Agostino, G. Edward Oldfield and Terrance J. Billo

(Ontario) (Civil) (By Leave)




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Charter of Rights – Right to equality – Fundamental justice – Judgments and orders – Summary judgment – Motion to strike – Applicant moving for summary judgment and respondents moving to strike applicant’s action for damages – Whether violations of ss. 7 and 15 of Charter were ignored – Whether Court of Appeal undermined Regional Court by ignoring bias, basic legal concepts and criminal activity – Whether requirement for affidavits is in question for self-represented litigants – Whether provincial and federal statutes are weak or nonexistent regarding judicial concerns.

The applicant was terminated from her place of employment in August, 2008. She commenced an action against her former employer and the lawyers and law firm representing her, on the basis of, inter alia, wrongful dismissal, negligence, discrimination, harassment and breach of good faith. During the pre-trial, the action was settled and Minutes of Settlement were executed providing for an all-inclusive payment of $45,000 to the applicant in exchange for an executed release. The money was paid to Ms. Garrett and that action was dismissed in September, 2012. Ms. Garrett commenced a second action seeking damages for various causes of action including negligence, breach of duty of care, conspiracy, malice, defamation exemplary damages, damages for human rights and constitutional violations. In separate motions, the respondents moved to strike the statement of claim, on the basis of, inter alia, res judicata, limitation periods, action estoppel and abuse of process.

Lower Court Rulings

January 23, 2014
Ontario Superior Court of Justice

C-283-13, 2014 ONSC 508
Applicant’s motion for summary judgment dismissed; Motions by several respondents to have statement of claim struck as against them granted
June 1, 2016
Court of Appeal for Ontario

2016 ONCA 424, C61661
Applicant’s appeal from August 14, 2014 order in favour of Oldfield, Greaves, D’Agostino, G. Edward Oldfield, Terrance J. Billo dismissed