Case information
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37159
Allison Garrett v. Oldfield, Greaves, D'Agostino, G. Edward Oldfield and Terrance J. Billo
(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) |
|---|---|---|
| 2016-12-30 | Close file on Leave | |
| 2016-12-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-12-09 | Judgment on leave sent to the parties | |
| 2016-12-08 |
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 C61661, 2016 ONCA 424, dated June 1, 2016, is dismissed with costs to the respondents, Oldfield, Greaves, D’Agostino, G. Edward Oldfield and Terrance J. Billo. Dismissed, with costs |
|
| 2016-11-14 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-09-29 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2016-09-29) | Oldfield, Greaves, D'Agostino, G. Edward Oldfield and Terrance J. Billo |
| 2016-09-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-09-29, (Electronic version filed on 2016-09-29) | Oldfield, Greaves, D'Agostino, G. Edward Oldfield and Terrance J. Billo |
| 2016-09-16 | Certificate (on limitations to public access), (Letter Form) | Allison Garrett |
| 2016-08-31 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2016/08/31 | |
| 2016-08-29 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-08-25 | Application for leave to appeal, (Book Form), Completed on: 2016-09-16 | Allison Garrett |
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 |
|---|---|---|
| Garrett, Allison | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Oldfield, Greaves, D'Agostino, G. Edward Oldfield and Terrance J. Billo | Respondent | Active |
Counsel
Party: Garrett, Allison
This party is not represented by counsel.
Party: Oldfield, Greaves, D'Agostino, G. Edward Oldfield and Terrance J. Billo
Counsel
P.O. Box 1234, 55 King Street West
Kitchener, Ontario
N2G 4G9
Telephone: (519) 744-4491
FAX: (519) 741-8060
Summary
Keywords
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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.
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
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
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
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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