Case information
Consult our database for details on a Supreme Court of Canada case.
39229
Ahmed Bouragba v. Ontario College of Teachers
(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) |
|---|---|---|
| 2021-11-03 | Close file on Leave | |
| 2021-11-03 | Reconsideration not accepted for filing, Letter by the Acting Registrar (sent by email) | |
| 2021-08-18 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2021-04-22 | Supplemental document, (Letter Form), Court of Appeal for Ontario Order dated December 31, 2019 (2019 ONCA 1028), (Printed version due on 2021-04-29) | Ahmed Bouragba |
| 2021-04-22 | Supplemental document, (Letter Form), Court of Appeal for Ontario Order dated January 8, 2021 (2021 ONCA 8), (Printed version due on 2021-04-29) | Ahmed Bouragba |
| 2021-04-22 | Supplemental document, (Letter Form), Ontario Superior Court of Justice - "Reply to Registrar Notice to Dismiss", (Printed version due on 2021-04-29) | Ahmed Bouragba |
| 2021-04-22 | Supplemental document, (Letter Form), Ontario Superior Court of Justice decision dated April 9, 2021 (2021 ONSC 2669), (Printed version due on 2021-04-29) | Ahmed Bouragba |
| 2021-03-23 | Supplemental document, (Letter Form), Ontario Superior Court of Justice - Factum of the Respondent, (Printed version due on 2021-03-30) | Ahmed Bouragba |
| 2021-03-23 | Supplemental document, (Letter Form), Ontario Superior Court of Justice decision dated March 22, 2021 (2021 ONSC 2204), (Printed version due on 2021-03-30) | Ahmed Bouragba |
| 2020-12-23 | Correspondence received from, (Letter Form), RE: Motion for Reconsideration of the application for leave to appeal, (Printed version due on 2021-01-04) | Ahmed Bouragba |
| 2020-11-30 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2021-08-10 | Ahmed Bouragba |
| 2020-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-10-30 | Judgment on leave sent to the parties | |
| 2020-10-29 |
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 C66080, 2019 ONCA 1028, dated December 31, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-09-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-08-28 | Certificate (on limitations to public access), (Letter Form) | Ontario College of Teachers |
| 2020-08-28 | Notice of name, (Letter Form) | Ontario College of Teachers |
| 2020-08-28 | Certificate (on limitations to public access), (Letter Form) | Ahmed Bouragba |
| 2020-08-27 | Supplemental document, (Letter Form), Ontario Superior Court of Justice Endorsement | Ahmed Bouragba |
| 2020-08-27 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2020-08-27 | Ahmed Bouragba |
| 2020-08-24 | Respondent's response on the application for leave to appeal, (Letter Form), MISSING: 23A, Notice of Name-rec'd 2020/08/28, Completed on: 2020-08-28 | Ontario College of Teachers |
| 2020-07-02 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2020/07/02 | |
| 2020-06-29 | Supplemental document, (Letter Form), Addendum to Application for Leave to Appeal | Ahmed Bouragba |
| 2020-03-02 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Ahmed Bouragba |
| 2020-03-02 | Application for leave to appeal, (Book Form), CA Order missing-rec'd 2020/07/10, Completed on: 2020-07-10 | Ahmed Bouragba |
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 |
|---|---|---|
| Bouragba, Ahmed | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ontario College of Teachers | Respondent | Active |
Counsel
Party: Bouragba, Ahmed
This party is not represented by counsel.
Party: Ontario College of Teachers
Counsel
Charlotte-Anne Malischewski
Toronto Dominion Bank Tower
66 Wellington Street West
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8019
FAX: (416) 868-0673
Email: clonsdale@mccarthy.ca
Summary
Keywords
Civil procedure — Costs — Applicant successful on appeal but not awarded costs — Whether Canadian individuals or unrepresented people have equal rights to receive their costs and to sue without getting attacked by strategic vexatious defamation actions due to the absolute privilege behind legitimate pleadings — Whether it was unjust not to award costs
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.
Mr. Bouragba brought a motion under s. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43, to dismiss the defamation lawsuit brought against him by the Ontario College of Teachers. This provision permits judicial scrutiny of lawsuits allegedly brought to silence or financially punish critics who have spoken out on matters of public interest, known as Strategic Lawsuits Against Public Participation, or SLAPP. Mr. Bouragba is a member of the College and had been a member of the College’s Council. Mr. Bouragba sent several communications to past and present members of the Council, the Attorney General of Ontario, and the Minister of Education. In some of the communications he advocated for a public inquiry into a wide range of alleged misconduct on the part of the College and people affiliated with it. The motion judge denied Mr. Bouragba’s motion to dismiss the College’s defamation action on the ground that it was a SLAPP. Mr. Bouragba’s appeal was allowed and the matter was remitted to a different motion judge for reconsideration in accordance with s. 137.1. No costs were awarded.
Lower court rulings
Ontario Superior Court of Justice
CV-16-562585, 2018 ONSC 4069
Applicant’s motion under section 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43 to dismiss defamation action filed by respondent dismissed. Costs of $10,000 awarded to respondent
Court of Appeal for Ontario
C66080, 2019 ONCA 1028
Applicant’s appeal allowed; order for costs set aside and applicant’s motion remitted to Superior Court to be heard by a different judge. No costs awarded.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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