2014 April 29

Waisberg v. Inwood, 2014 ONSC 2282

The Ontario Superior Court of Justice ruled on pre-trial motions brought by the plaintiff lawyer and by the defendant operator of “Canlaw Lawyer Referral Services,” an Internet based service which refers prospective clients to lawyers who pay a fee for registering with the service. The Court noted that the Law Society of Upper Canada had issued a notice to the legal profession of Ontario advising lawyers not to use the defendant’s service. A dispute arose between the plaintiff lawyer and the defendant when the lawyer decided, after using the referral service for six years, not to renew his subscription in 2012. As a result of the dispute, the CanLaw lawyer referral website posted the words “DO NOT USE THIS LAWYER” in connection with the plaintiff’s listing. The plaintiff subsequently served a Libel and Slander Act notice on the defendant and filed a motion seeking an interlocutory injunction against the defendant, which was adjourned at the request of the defence. Before that motion could be heard, the plaintiff realized he had failed to file a statement of claim within 30 days of issuing his notice of action, and brought this motion for an extension of time. The Court in this ruling granted the extension for filing and serving a statement of claim and permitting substituted service by mail to the defendant’s personal address. The Court also set aside a local registrar’s order dismissing the lawsuit for failure to comply with the 30 day time limit. However, the Court rejected the plaintiff’s motion to stay a Small Claims Court action which had been brought by the defendant to recover, inter alia, the amount the defence alleged to be due for another annual subscription fee. The Court also rejected the defence application for an order staying the Superior Court action pending a determination of the Small Claims lawsuit.