The case involved mistreatment and discrimination claims against medical practitioners
The Ontario Superior Court of Justice has dismissed a lawsuit filed by Roger Foley against multiple defendants due to non-compliance with court orders. Foley's failure to pay court-ordered costs, as previously outlined in a May 2024 decision, led to the dismissal of his case.
In 2018, Roger Foley, a 48-year-old man with a severe neurodegenerative condition, filed a lawsuit alleging that various defendants, including health institutions and government entities, violated his rights under the Canadian Charter of Rights and Freedoms and breached public and private law duties. He sought $20 million in damages and additional punitive damages. His claims included mistreatment by medical practitioners, discrimination by health agencies, and unconstitutional provisions related to Medical Assistance in Dying (MAID).
In December 2023, the court struck Foley’s initial statement of claim, dismissing his case against the Attorney General of Canada, the Attorney General of Ontario, and His Majesty the King in Right of Ontario. However, Foley was granted leave to amend certain claims against the remaining defendants, provided he complied with specific terms regarding costs.
The court ordered Foley to pay the defendants a total of $85,449.13 by August 30. Additionally, Foley had outstanding costs orders of $15,000 from earlier rulings in 2020 and 2022. The court clarified that the lawsuit would be dismissed if Foley failed to settle these amounts by the deadline.
In response, Foley failed to pay any of the required costs by the set deadline. His request for a 90-day extension, citing the ability to raise only $19,000, was rejected. The court noted that even with the extension, Foley would not have been able to meet the full payment and emphasized that compliance with court orders is mandatory.
Given Foley’s long-standing non-compliance and lack of evidence supporting his inability to pay, the court dismissed the action. The court’s decision highlighted the importance of adhering to court-ordered deadlines, particularly regarding cost payments in ongoing litigation.
