Background and Legal Arguments:
The case stemmed from Sajjad Asghar’s allegations that Dial and File Process Servers Inc. failed to return legal documents in a timely manner. At the Superior Court, Asghar sought summary judgment, claiming breach of contract, fraud, and violations of the Consumer Protection Act. Justice Lise G. Favreau dismissed the claims in 2019, citing insufficient evidence to establish liability on any of the asserted causes of action.

On appeal, Asghar expanded his allegations to include bad faith, dishonesty, misrepresentation, deceptive marketing, perjury, false affidavits, and malicious falsehood. However, the appellate court found no merit in these claims and upheld the motion judge’s dismissal, reiterating that the respondent acted appropriately.

Outcome:
The appeal was dismissed, and costs of $5,000, inclusive of disbursements and HST, were awarded to Dial and File Process Servers Inc.

Key Legal Findings:

• Summary judgment was deemed appropriate under Rule 20 of Ontario’s Rules of Civil Procedure.
• The respondent was found not liable based on a thorough review of evidence.
• Allegations of fraud and breaches of contract or the Consumer Protection Act lacked substantiation.