Case information

Civil procedure — Pleadings — Striking out a pleading on the ground that it discloses no reasonable cause of action — Abuse of process — Scope of witness immunity — Applicant unsuccessfully suing entire defence team that acted in her 2013 personal injury trial for alleged harm inflicted over the course of the litigation — Does the application for leave to appeal raise issues of public importance? — Rules of Civil Procedure, RRO 1990, Reg 194, r. 21.01(1)(b).

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 applicant, Ms. Botosh, sustained a slip and fall injury in 2003 and recovered damages before an Ontario court in 2013. Then, in 2023, she sued the defence team which opposed her slip and fall action, alleging various wrongs committed over the course of the litigation. Three groups of defendants (respondents before this court) — consisting of defence counsel, an expert witness, and a surveillance company — all moved to strike her 2023 pleadings without leave to amend. The motion judge granted the respondents’ motions. He found that the 2023 pleadings constituted a collateral attack of the 2013 judgment and determined that the action amounted to an abuse of process. He also concluded that the pleadings disclosed no reasonable chance of success. The Court of Appeal saw no basis to interfere with the motion judge’s decision and dismissed Ms. Botosh’s appeal.