Case information
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41523
Ahmad Mohammad v. Association for Research in Vision and Ophthalmology
(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) |
|---|---|---|
| 2025-10-08 | Close file on Leave | |
| 2025-08-18 | Correspondence (sent by the Court) to, all parties | |
| 2025-08-18 | Reconsideration not accepted for filing | |
| 2025-04-16 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2025-03-06 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2025-03-11 | Ahmad Mohammad |
| 2025-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-06 | Judgment on leave sent to the parties | |
| 2025-03-06 |
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 M55283 (COA-23-CV-1329), dated August 19, 2024, is dismissed. Dismissed |
|
| 2025-02-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-13 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-12-20 | Ahmad Mohammad |
| 2024-12-03 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-12-10) | Association for Research in Vision and Ophthalmology |
| 2024-12-03 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-12-03, (Printed version due on 2024-12-10) | Association for Research in Vision and Ophthalmology |
| 2024-11-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2024-10-01 | Certificate (on limitations to public access), (Letter Form), Public Access to information form | Ahmad Mohammad |
| 2024-10-01 | Application for leave to appeal, (Book Form), Completed on: 2024-10-28, (Printed version due on 2024-10-08) | Ahmad Mohammad |
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 |
|---|---|---|
| Mohammad, Ahmad | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Association for Research in Vision and Ophthalmology | Respondent | Active |
Counsel
Party: Mohammad, Ahmad
This party is not represented by counsel.
Party: Association for Research in Vision and Ophthalmology
Counsel
2 Queen Street East
Toronto, Ontario
M5C 3G5
Telephone: (416) 596-4276
FAX: (416) 594-2692
Email: sinkol@blaney.com
Summary
Keywords
Civil procedure — Abuse of process — Pleadings — Appeals — Dismissal for delay — Applicant bringing action against association — Motion judge dismissing action — Registrar of Court of Appeal dismissing applicant’s proposed appeal for reasons of delay — Court of Appeal judge dismissing applicant’s motion seeking reversal of administrative dismissal of appeal — Whether application raises legal issue — If so, whether legal issue of sufficient public importance — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 2.1.
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. Mohammad brought an action against the Association for Research in Vision and Ophthalmology (ARVO), alleging errors in a research article published in ARVO’s journal in July 2020.
The Superior Court of Justice dismissed his action without leave to amend, pursuant to r. 2.1.01(1) of the Rules of Civil Procedure, on the basis that the claim as drafted could not succeed and was an abuse of process.
Mr. Mohammad did not perfect his appeal to the Court of Appeal within the time prescribed in r. 61.09(1) of the Rules of Civil Procedure, and the Registrar dismissed the appeal for delay. A judge of the Court of Appeal dismissed Mr. Mohammad’s motion to set aside that dismissal, agreeing with the lower court’s assessment and determining that the appeal appeared to be without merit.
Lower court rulings
Ontario Superior Court of Justice
CV-23-706375-0000
See file
Court of Appeal for Ontario
M55283 (COA-23-CV-1329)
Motion to set aside the Registrar’s decision to dismiss the appeal for delay dismissed
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
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