Sparr et al. c. Downing
Bernard Sparr
Law Firm / Organization
Nicolas St-Pierre Law
Lawyer(s)

Nicholas St-Pierre

D'Vine Estates Sarl
Law Firm / Organization
Nicolas St-Pierre Law
Lawyer(s)

Nicholas St-Pierre

Denise Lee Downing
Law Firm / Organization
Soloway Wright LLP
Lawyer(s)

Ryan Garrett

Background:

  • Plaintiffs filed a civil action on October 16, 2023, seeking $3,000,000 in general damages, undetermined special damages, $1,000,000 in exemplary, punitive, and aggravated damages, pre- and post-judgment interest, and legal costs.

Claims by Plaintiffs:

  • Plaintiffs allege that during an uncontested family trial on July 6, 2021, the defendant provided false evidence, leading to an unjust judgment.
    • Misrepresentation of income and expenses
    • Incorrectly attributing properties and income to Sparr
    • Misrepresenting Sparr’s lifestyle
  • Resulting consequences for Sparr included financial losses, asset seizures, relocation, alienation from his child, and health issues.

Legal Basis for Defendant’s Motion:

  • Defendant sought dismissal under Rule 2.1.01 of the Ontario Rules of Civil Procedure, arguing the action was frivolous, vexatious, or an abuse of court process.

Court's Findings:

  • The action was an indirect challenge to previous family court decisions.
  • Appeals against the family court decisions were dismissed, barring re-litigation.
  • Allowing the civil action would violate the prohibition on collateral attacks on prior judgments.

Decision:

  • The court dismissed the plaintiffs’ action as an abuse of process.
  • Defendant may submit written submissions on costs within 15 days, with plaintiffs given the same timeframe to respond. No specific amount provided.
Superior Court of Justice - Ontario
CV-23-93624
Civil litigation
Defendant