Day: March 27, 2024

Chris McCormack was successful in moving to strike the Plaintiff’s action, in its entirety, on the basis that it was frivolous and vexatious.

The court determined that the Plaintiff’s claim included allegations against the Defendant related to protected statements made in a court proceeding. The pleading was also rambling, difficult to understand, and overlapped significantly with previously dismissed claims.

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Sean Murtha successfully resisted the Plaintiff’s motion for summary judgment. The Plaintiff is a former graduate student at McMaster University who claims, amongst other things, that McMaster University and its professors have benefited from his research. The Plaintiff’s allegations are strenuously denied by the Defendants.

Justice Nightingale found that the expert evidence submitted by the Plaintiff was inadmissible and that the Plaintiff had not led any evidence on damages. Justice Nightingale also held that the Plaintiff was seeking summary judgment on claims not made in his pleading. Furthermore, it could not be said that there was no genuine issue for trial as oral evidence would be required to assess credibility.

The Plaintiff’s motion for summary judgment was dismissed with costs awarded to the Defendants.

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