Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41904
Ryan Gutierrez v. York University
(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) |
|---|---|---|
| 2025-11-14 | Close file on Leave | |
| 2025-11-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-11-13 | Judgment on leave sent to the parties | |
| 2025-11-13 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of execution is dismissed. The application for leave to appeal from the judgment of the Superior Court of Justice - Ontario Divisional Court, Number 23-164-ML, 2023 ONSC 4089, dated July 14, 2023, is quashed pursuant to s. 44 of the Supreme Court Act. Quashed |
|
| 2025-11-13 |
Decision on the motion for a stay of execution, See judgment on application Dismissed |
|
| 2025-10-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-06 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2025-09-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-09-12 | Ryan Gutierrez |
| 2025-09-04 | Order on miscellaneous motion, by the REGISTRAR | |
| 2025-09-04 |
Decision on the miscellaneous motion, Reg, UPON APPLICATION by the applicant to be dispensed with providing proof of service of the motion on the respondent and to be dispensed from paying filing fees in this matter. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The applicant is dispensed from the requirement to provide proof of service of the motion on the respondent. The applicant is dispensed from paying filing fees. It is not necessary to consider the request to be exempt from providing security for costs under s. 60 of the Supreme Court Act. Granted |
|
| 2025-09-04 | Submission of miscellaneous motion, Reg | |
| 2025-09-02 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2025-09-02) | York University |
| 2025-09-02 | Notice of name, (Letter Form), (Printed version filed on 2025-09-02) | York University |
| 2025-09-02 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: Proof of service (rec'd 2025-02-09), Completed on: 2025-09-02, (Printed version filed on 2025-09-02) |
York University |
| 2025-07-29 | Letter advising parties of an incomplete application for leave to appeal, File open | |
| 2025-07-04 | Motion for a stay of execution, (Book Form), Completed on: 2025-07-29 | Ryan Gutierrez |
| 2023-09-29 | Supplemental document, Lower court document - Affidavit and evidence transcripts | Ryan Gutierrez |
| 2023-09-29 | Supplemental document, Lower court document - Moving Factum | Ryan Gutierrez |
| 2023-09-29 |
Supplemental document, Lower court documents - Moving Record Documents de Cour de première instance |
Ryan Gutierrez |
| 2023-09-29 |
Supplemental document, Lower court documents - Statement of defence |
Ryan Gutierrez |
| 2023-09-29 |
Supplemental document, Lower court documents - Statement of claim |
Ryan Gutierrez |
| 2023-09-29 | Supplemental document, Lower court documents - Draft amended statement of claim | Ryan Gutierrez |
| 2023-09-29 | Affidavit, Affidavit in Support of Motion to have the fees waived | Ryan Gutierrez |
| 2023-09-29 |
Notice of miscellaneous motion, (Book Form), Motion to have the fee waived Missing: -Proof of service (N/A), Completed on: 2025-08-19 |
Ryan Gutierrez |
| 2023-09-29 | Certificate (on limitations to public access), Public access to information form | Ryan Gutierrez |
| 2023-09-29 |
Application for leave to appeal, (Book Form), Missing: -Signed Judgement and Order dated July 14, 2023 (2023 ONSC 4089) (rec'd 2025-08-02) -Proof of service (Affidavit + Read/Delivery receipt or confirmation) (rec'd 2025-08-22) , Completed on: 2025-08-22 |
Ryan Gutierrez |
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 |
|---|---|---|
| Gutierrez, Ryan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| York University | Respondent | Active |
Counsel
Party: Gutierrez, Ryan
This party is not represented by counsel.
Party: York University
Counsel
Eric Blain
150 York Street
Suite 1800
Toronto, Ontario
M5H 3S5
Telephone: (416) 507-1802
FAX: (416) 507-1852
Email: apettingill@tgplawyers.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
Civil Procedure — Pleadings— Abuse of process — Costs — Striking of statement of claim — At what point and in what manner should judicial discretion be properly mitigated against the denial of justice and abuse of power, bearing in mind the need to screen for frivolous and vexatious litigation; Whether an assessment of costs must not prohibit proceedings nor be used to hold proceedings hostage; Whether the cause of action and material facts qualify for proper recourse to the law?
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. Gutierrez filed a statement of claim against York University pleading allegations including civil fraud, conspiracy, slander, harassment, criminal liability and breach of duty of care. Associate Justice Jolley of the Ontario Superior Court of Justice granted a motion to strike the claim, with leave to amend. The Ontario Superior Court of Justice dismissed an appeal. The Ontario Superior Court of Justice (Divisional Court) dismissed a motion for leave to appeal.
Lower court rulings
See file
Ontario Superior Court of Justice
CV-22-679551
Statement of claim struck with leave to amend
Ontario Superior Court of Justice
CV-22-00679551-0000
Appeal dismissed
Motion for leave to appeal 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
Not available