Civil procedure – Pleadings - Amendment of - Statement of claim

Law360 Canada (April 6, 2023, 3:45 PM EDT) -- Appeal by Shaulov (Appellant) from the dismissal of his claims against the respondents. He also sought leave to appeal the $12,500 costs order made in favour of the respondents. The appellant sought a licence to practice law in Ontario and pursued the requirements of the respondent, Law Society of Ontario (LSO), for the issuance of a licence to practise law. He successfully completed the articling requirement, was hired as an articling student by a Toronto law firm and found to be competent. He also passed the Solicitor Licensing Examination on his third attempt. However, he was removed from the licensing process due to his unsuccessful fourth attempt at passing the Barrister Licensing Examination. He commenced an action against the respondents seeking various remedies, including: declaratory relief that the LSO’s structure, process, and method of evaluation were discriminatory and violated his rights under the ss. 7 and 15 of the Canadian Charter of Rights and Freedoms (Charter) and the Human Rights Code (Code); that he had fulfilled all licensing requirements; and, an order requiring the LSO to issue to the appellant a licence to practise law. The respondents brought a motion to strike the appellant’s statement of claim as disclosing no reasonable cause of action. The appellant submitted that the motion judge erred in dismissing his claims and in declaring that the Superior Court of Justice had no jurisdiction over his administrative law claims....

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