Walsh v. 1124660 Ontario Ltd. et al., (2008) 237 O.A.C. 20 (CA)

• Judge: Doherty, Moldaver and Cronk, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: May 14, 2008
• Jurisdiction: Ontario
• Citations: (2008), 237 O.A.C. 20 (CA);2008 ONCA 431

Walsh v. 1124660 Ont. (2008), 237 O.A.C. 20 (CA)

MLB headnote and full text

Temp. Cite: [2008] O.A.C. TBEd. JN.005

Charlene Walsh (appellant/plaintiff) v. 124660 Ontario Limited, Brigitte Regenscheit, P.C. Andrew May, P.C. Jim Stravrakis (respondents/defendants)

(C45641; 2008 ONCA 431)

Indexed As: Walsh v. 1124660 Ontario Ltd. et al.

Ontario Court of Appeal

Doherty, Moldaver and Cronk, JJ.A.

May 14, 2008.

Summary:

After she was summarily dismissed from her employment, the plaintiff brought an action against a number of defendants. Nordheimer, J., granted summary judgment in favour of two of the defendants. The plaintiff's appeal of that decision was dismissed by a unanimous panel that included Moldaver, J.A.

The Ontario Superior Court dismissed the plaintiff's action against the remaining defendants. She appealed and sought an adjournment of the appeal, asserting, inter alia, that Moldaver, J.A., should not sit on the appeal.

The Ontario Court of Appeal held that the appeal was to proceed.

Editor's note: for related decisions regarding these parties, see [2002] O.T.C. 667, [2007] O.T.C. Uned. 287 and [2007] O.T.C. Uned. 288.

Courts - Topic 691

Judges - Disqualification - Bias - Reasonable apprehension of bias - After she was summarily dismissed from her employment, the plaintiff brought an action against a number of defendants - Nordheimer, J., granted summary judgment in favour of two of the defendants - The plaintiff's appeal of that decision was dismissed by a unanimous panel that included Moldaver, J.A. - The plaintiff's action against the remaining defendants was dismissed - She appealed and sought an adjournment of the appeal, asserting, inter alia, that Moldaver, J.A., should not sit on the appeal because his participation raised a reasonable apprehension of bias - The Ontario Court of Appeal rejected the argument - The appeal from the summary judgment of Nordheimer, J., failed because on the record before Nordheimer, J., counsel for the plaintiff failed to adduce any evidence giving rise to a genuine issue for trial concerning the defendants' denials of the allegations of wrongdoing - Nothing in the reasons of the appeal court could possibly support a reasonable apprehension of bias on the part of an informed reasonable observer - The appeal was to proceed.

Counsel:

Ernest J. Guiste, for the appellant;

David Shiller, for the respondents, 1124660 Ontario Limited and Regenscheit;

Diana W. Dimmer and Mark Siboni, for the respondents, May and Stravrakis.

This appeal was heard on May 14 and 16, 2008, by Doherty, Moldaver and Cronk, JJ.A., of the Ontario Court of Appeal. The following endorsement of the court was rendered on May 14, 2008, and was released in writing on May 30, 2008.