Case information
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40240
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) |
|---|---|---|
| 2023-01-12 | Close file on Leave | |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
Judgment of the Court on the application for leave to appeal, The response to the motion for an extension of time filed by the respondent is accepted for filing. The reply to the motion for an extension of time filed by the applicant is accepted for filing. The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M52510 (C69405), 2021 ONCA 508, dated July 14, 2021, is dismissed. Dismissed |
|
| 2023-01-12 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2022-11-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-28 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-11-08 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2022-11-23, (Printed version due on 2022-11-16) | Ontario College of Teachers |
| 2022-10-18 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-11-23 | Ahmed Bouragba |
| 2022-10-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2022-10-20, (Printed version due on 2022-10-24) | Ahmed Bouragba |
| 2022-09-26 | Letter and notice pursuant to Rule 64 sent to, sent by Speedy Messenger, delivered on September 27, 2022. | |
| 2022-07-25 | Certificate (on limitations to public access) | Ontario College of Teachers |
| 2022-07-22 | Respondent's response on the application for leave to appeal, (Letter Form), require: 23A-rec'd 2022/07/25, Completed on: 2022-07-25, (Printed version due on 2022-07-29) | Ontario College of Teachers |
| 2022-06-24 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022/06/24 | |
| 2022-02-03 | Certificate (on limitations to public access), (Letter Form) | Ahmed Bouragba |
| 2021-10-12 |
Application for leave to appeal, (Book Form), (2 volumes), MISSING: Motion to Extend time-rec'd 2022/10/17 Amended notice of application required-rec'd 2022/10/21, Completed on: 2022-10-21 |
Ahmed Bouragba |
| 2021-10-01 | Notice of application for leave to appeal, (Letter Form), Completed on: 2022-06-24 | 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
Emilie Bruneau
Suite 5300, 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 — Appeals — Applicant appealing discontinuance order to Divisional Court and to Court of Appeal — Court of Appeal ruling that order had to be appealed to Divisional Court — Whether Court of Appeal erred in the statutory interpretation of s. 6(1)(d), by limiting its jurisdiction from reviewing all courts’ decisions that affect the Anti-SLAPP motions under 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43.
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.
The respondent brought an action in defamation against Mr. Bouragba. He moved under s. 137.1 of the Courts of Justice Act to dismiss the action, commonly known as the “anti-SLAPP legislation.” His motion was dismissed on the ground that the communication in question was not in respect of a matter of public interest. This decision was overturned on appeal and the matter was sent back to the Ontario Superior Court of Justice to be heard by a different judge.
On March 22, 2021, the respondent obtained leave to discontinue its defamation action. Mr. Bouragba appealed that order to the Divisional Court and to the Court of Appeal. The respondent moved to quash the appeal to the Court of Appeal. A single judge referred the motion to a full panel of that court. The full panel quashed the appeal and directed that it be heard by the Divisional Court because the order of Master Brott had not been made under s. 137.1 of the Courts of Justice Act, so Mr. Bouragba could not rely on s. 6(1)(d) which stated that an appeal would lie to the Court of Appeal.
Mr. Bouragba’s appeal before the Court of Appeal was quashed. His appeal regarding the same matter — the discontinuance of the defamation action against him — is on reserve before the Divisional Court.
Lower court rulings
Ontario Superior Court of Justice
CV-16-562585
Order discontinuing respondent’s action against applicant in defamation
Court of Appeal for Ontario
M52510 (C69405)
Applicant’s motion to transfer applicant’s appeal from Divisional Court to Court of Appeal adjourned. Motion to be heard by full Panel of Court of Appeal.
Court of Appeal for Ontario
2021 ONCA 508, M52510 (C69405)
Applicant’s appeal quashed
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