2006 November 7

Szewczyk v. Real Estate Council of Ontario, [2006] O.J. No. 4487 (Ont.C.A.)

The Ontario Court of Appeal dismissed an appeal by the plaintiff from a decision of the Ontario Superior Court of Justice dismissing his action against the Council “claiming that the discipline decision [of the defendant Council] was wrong and that the [Council] had defamed him by publishing its decision on the Internet.” In a very brief ruling, the Court of Appeal held that having failed to appeal the Council’s decision, it was not open to the plaintiff to bring this action as it “constitutes an abuse of process and a collateral attack on the decision.”