2007 May 23

Crozier v Cherniak, [2007] O.J. No. 2024

The Ontario Superior Court of Justice dismissed an action brought by the plaintiff over a 1997 Law Society of Upper Canada report summarizing her disbarment proceedings which remained accessible until April 2004 through the Law Society website. The Court noted that on October 16, 2006, the Divisional Court had dismissed the plaintiff’s motion for leave to appeal from the Divisional Court decision upholding her disbarment and that two other judicial review applications brought by the plaintiff with respect to two other discipline decisions were both dismissed for delay on September 2006. The Court held that “[a]ll aspects of the plaintiff’s defamation cause of action are incapable of being proven and legally untenable” and denied leave to deliver a proposed amended statement of claim.