Tewari v. Sekhorn
Guarav Tewari
Law Firm / Organization
Self Represented
Gagan Sekhorn
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Peter A. Downard

Sekhorn Law Office
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Peter A. Downard

Case Background:

  • Guarav Tewari was dismissed from his employment and sued his former employer, Marcatus QED, along with its employees and directors.
  • Tewari subsequently initiated a separate action against the respondents (lawyer and law firm) alleging illegal manipulation of the legal system, defamation, and breach of fiduciary duty.

Lower Court Decision:

  • The motion judge struck Tewari's statement of claim, ruling it disclosed no reasonable cause of action. The court noted that the conduct of the defendants, being privileged, could not support Tewari's claims.

Appeal:

  • Tewari appealed the decision, arguing that absolute privilege should not apply and that a novel duty of care owed by the respondents to him could be recognized.

Court of Appeal Decision:

  • The Court dismissed the appeal under Rule 2.1 of the Rules of Civil Procedure, determining it was frivolous, vexatious, and an abuse of process.
  • The Court noted that Tewari's claims were similar to those he unsuccessfully brought in previous cases.
  • The Court found that Tewari was trying to relitigate issues that had been repeatedly rejected, emphasizing his pattern of vexatious litigation.

Outcome:

  • The appeal was dismissed, and the notice of appeal was struck, with no costs awarded.

 

Court of Appeal for Ontario
M54866; C70314
Employment law
Respondent