The plaintiff OZ Merchandising Inc. commenced an action seeking damages for negligence and intentional interference with its economic interests against the numerous defendants. The action proceeded to trial over a 9-week period against only the defendants Ontario Soccer Association, Canadian Soccer Association and the Eastern Ontario District Soccer Association. Andrew Lee was counsel for the defendant Canadian Soccer Association.
During the course of the trial there were numerous motions and rulings regarding evidence and at the end of trial with respect to striking the jury notice. The defendants successfully moved to strike the jury notice due to an inappropriate closing address by plaintiff counsel. The Honourable Madam Justice Ryan-Bell therefore ultimately ruled on the case and dismissed the action in its entirety against the aforementioned defendants. On the issue of costs, the trial Judge decided that the principal of the plaintiff was personally responsible for part of the costs.
The plaintiff appealed the trial decision to the Ontario Court of Appeal on the grounds of alleged errors of fact and law in respect of the negligence claim, allegations of evidentiary and procedural errors that rendered the trial unfair, the ineffective assistance of counsel and court bias. The appeal was dismissed in its entirety with costs against the plaintiff. Notably, the Court of Appeal held that the costs award against the principal personally was appropriate in the circumstances and that the allegations of ineffective assistance of counsel and court bias was without merit.
The plaintiff brought an application for leave to appeal to the Supreme Court of Canada. The Supreme Court of Canada dismissed the application.