Case information
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40712
Adesimbo Adejuyigbe v. John Boynton, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-12-18 | Close file on Leave | |
| 2024-12-18 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2024-12-18 | Certificate of taxation issued to, Brandin O'Connor | |
| 2024-12-18 | Decision on the bill of costs, in the amount of $818.15, Reg | |
| 2024-12-18 | Submission of the bill of costs, Reg | |
| 2023-12-27 | Bill of costs, Completed on: 2024-12-18 | John Boynton |
| 2023-10-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-10-05 | Judgment on leave sent to the parties | |
| 2023-10-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-22-CV-0021, 2023 ONCA 141, dated March 2, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-09-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-06-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-06-19, (Printed version due on 2023-06-26) | Adesimbo Adejuyigbe |
| 2023-06-09 | Certificate (on limitations to public access), 23A | John Boynton |
| 2023-06-09 | Notice of name | John Boynton |
| 2023-06-02 |
Respondent's response on the application for leave to appeal, (Book Form), REQUIRED: - Bound copies - 23A (rec'd 2023-06-09) - Form 14 (rec'd 2023-06-09) - Electronic copies (rec'd 2023-06-09) - Proof of service (rec'd 2023-06-13), Completed on: 2023-06-15, (Electronic version filed on 2023-06-13) |
John Boynton |
| 2023-05-05 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-05-05 | |
| 2023-05-01 | Certificate (on limitations to public access), 23A | Adesimbo Adejuyigbe |
| 2023-05-01 | Notice of name | Adesimbo Adejuyigbe |
| 2023-05-01 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2023-06-01, (Printed version due on 2023-05-08) | Adesimbo Adejuyigbe |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Adejuyigbe, Adesimbo | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Boynton, John | Respondent | Active |
| Torstar Corporation | Respondent | Active |
| Nordstar Capital LP | Respondent | Active |
Counsel
Party: Adejuyigbe, Adesimbo
Counsel
515 Consumers Road Ste. 202
North York, Ontario
M2J 4W9
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: obarnwell@ogblaw.com
Party: Boynton, John
Counsel
Jozef Hadlaw-Murray
65 Queen St West, 18th Floor
Toronto, Ontario
M5H 2M5
Telephone: (416) 304-6424
Email: boconnor@somlaw.ca
Party: Torstar Corporation
Counsel
Jozef Hadlaw-Murray
65 Queen St West, 18th Floor
Toronto, Ontario
M5H 2M5
Telephone: (416) 304-6424
Email: boconnor@somlaw.ca
Party: Nordstar Capital LP
Counsel
Jozef Hadlaw-Murray
65 Queen St West, 18th Floor
Toronto, Ontario
M5H 2M5
Telephone: (416) 304-6424
Email: boconnor@somlaw.ca
Summary
Keywords
Civil procedure — Pleadings — Respondents successfully moved to strike out the statement of claim — Whether the Court of Appeal erred in dismissing the appeal — Whether there was a miscarriage of justice?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Ms. Adejuyigbe was formerly an employee of the respondent Torstar Corporation. She was dismissed without cause and was provided with a severance package and signed a full and final release. However, three years later, Ms. Adejuyigbe wrote to Torstar’s Chief Executive Officer, the respondent Mr. Boynton, advising him that she felt she had been discriminated against during the course of her employment, and was seeking compensation. Mr. Boynton responded, in writing, that he would refer Ms. Adejuyigbe’s issues to his legal counsel for response. Ms. Adejuyigbe eventually sued the respondents. The respondents moved to strike out the statement of claim on various grounds including that it disclosed no reasonable cause of action. The respondents’ motion was granted. The applicant’s appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 4447, CV-21-00663382-0000
Respondents’ motion to strike out statement of claim granted with costs
Court of Appeal for Ontario
2023 ONCA 141, COA-22-CV-0021
Appeal dismissed with costs
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available