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Blood Bunge et al v. Findlay

Key Rulings

  1. Motion to Dismiss (Rule 21)

    • Findlay sought to strike the claim as disclosing no reasonable cause of action or dismiss it as frivolous or vexatious.
    • Decision: Denied. The claim, based on March 2021 Twitter posts, alleged Findlay accused the Bunges of encouraging harassment, which could lower their reputation.
  2. Timeliness of Motion

    • Filed 26 months after pleadings closed.
    • Decision: Not dismissed for delay but subject to cost consequences.
  3. Parallel Proceedings Argument

    • Findlay argued the claim duplicated the Small Claims Court harassment lawsuit.
    • Decision: Denied. The claims were distinct.
  4. Abuse of Court Process

    • Findlay alleged the lawsuit was to harass her.
    • Decision: Rejected. Findlay had initiated multiple lawsuits herself.
  5. Conflict of Interest (Plaintiffs’ Counsel)

    • Findlay sought to remove the Bunges’ lawyer, Andrew West, citing his personal defamation suit against her.
    • Decision: Denied. The Bunges signed conflict waivers.
  6. Procedural Orders

    • No restriction on Findlay’s future motions or assignment of a single judge.
    • Litigation timetable imposed.
  7. Costs

    • Findlay to pay $10,000 to the Bunges.
SUSAN BLOOD BUNGE
Law Firm / Organization
Not specified
Lawyer(s)

Andrew West

STEVEN BUNGE
Law Firm / Organization
Not specified
Lawyer(s)

Andrew West

VALARIE FINDLAY
Law Firm / Organization
Not specified
Lawyer(s)

Andrew Paterson

Superior Court of Justice - Ontario
CV-21-86798
Civil litigation
$ 10,000
Plaintiff