Rafal Szymanski

Obtained an order declaring a serial litigant to be vexatious and prohibiting him from commencing any action in Ontario without prior court approval. The Respondent was also prohibited from continuing any existing action without first obtaining court approval. View decision here.

Successfully opposed a motion for summary judgment in a racial profiling claim against police. The Plaintiff alleged he was unlawfully arrested for breaching his recognizance of bail on the basis of inaccurate CPIC information. He also claims he was unlawfully pulled over two days later. His request for judgment was denied. View decision here.

Successful on a cross-motion for summary judgment. The plaintiff alleged various Charter violations in relation to the operation of a government program. The claim was dismissed on the basis of a missed limitation period and failure to provide notice under the Proceedings Against the Crown Act. View decision here.

Successfully obtained summary judgment on appeal in an action against an appraiser.  The plaintiff alleged that the appraiser overvalued a property and caused a municipality to back out of a development agreement.  The Court of Appeal found in favour of the appraiser on the merits and determined the action was out of time in any event. View decision here.

Brought a successful motion for summary judgment to dismiss an action against a real estate appraiser.  The Plaintiffs argued that the appraiser deprived them the opportunity to obtain a mortgage for the purchase of a residential property.  The motion judge found that the appraiser did not cause the Plaintiffs’ purchase to fail.

Successfully defended an appeal from a motion decision refusing to add our client as a defendant to an action because the plaintiff failed to obtain leave to bring the motion.View decision here.

Successfully appealed a trial decision from the Small Claims Court where a police officer was found to have racially profiled the Plaintiff during the course of a traffic stop. The finding of racial profiling was reversed and the judgment set aside. View decision here.

Appellate counsel for a police force on the first Canadian case to consider the requirements for a damages award for breach of a promise of confidentiality made to a citizen reporting criminal wrongdoing. View decision here.

Successfully opposed an appeal from a summary judgment motion where the Plaintiff's action against a financial advisor was dismissed for a missed limitation period. View decision here.

Successfully argued four separate motions to strike four Statements of Claim issued by the same Plaintiff. Each motion was heard one after the other. Here, the court dismissed claims against police of negligent investigation, conspiracy, bad faith, breach of trust, and breach of the Charter for failing to disclose a reasonable cause of action and for being frivolous and vexatious. View decision here.

Successfully argued four separate motions to strike four Statements of Claim issued by the same Plaintiff. Each motion was heard one after the other. Here, the court dismissed claims against police of negligent investigation and conspiracy for failing to disclose a reasonable cause of action and for being frivolous and vexatious. View decision here.

Successfully argued four separate motions to strike four Statements of Claim issued by the same Plaintiff. Each motion was heard one after the other. Here, the court dismissed claims against police for negligent investigation, unlawful arrest and detention, breach of trust, and bad faith for failing to disclose a reasonable cause of action and for being frivolous and vexatious. View decision here.

Successfully argued four separate motions to strike four Statements of Claim issued by the same Plaintiff. Each motion was heard one after the other. Here, the court dismissed claims against police of negligent investigation, bias, bad faith, conspiracy, and harassment for failing to disclose a reasonable cause of action and for being frivolous and vexatious. View decision here.

Obtained summary judgment in an action against a financial advisor for negligence, misrepresentation, breach of fiduciary duty, and deceit. The motion judge dismissed the action on the basis of a missed limitation period. View decision here.

Successfully defended an appeal regarding the admission of expert evidence at trial. The Court of Appeal upheld the exclusion of the Plaintiffs' proposed expert on police crisis management techniques when interacting with individuals who may be experiencing a mental health emergency. View decision here.

Appellate counsel successfully responding to an appeal from a motion that permitted an aboriginal band to seize property from one of its members. This is the first Canadian case where enforcement of a judgment was permitted between aboriginals for reserve property that is protected by the Indian Act. View decision here.

Brought a successful motion to strike a Statement of Claim for trespass, unlawful arrest, and various Charter breaches on the basis of a missed limitation period. View decision here.

Acted as counsel on a successful motion permitting an aboriginal band to seize or execute upon reserve property held by one of its members. This is the first Canadian case where enforcement of a judgment was permitted between aboriginals for reserve property that is protected by the Indian Act. View decision here.

Appeared before the Supreme Court of Canada on an appeal regarding the application of the findings from a police discipline hearing to a subsequent civil action against police. View decision here.

Acted as counsel with a team of lawyers to successfully defend a police force in a six month trial. The issue against police was whether the officers should have prevented an individual potentially experiencing a mental health emergency from boarding a bus that he ultimately overtook and caused to crash. View decision here.

Successfully defended an appeal from a motion striking a Statement of Claim for failing to disclose a reasonable cause of action. The dismissal of the claim against numerous defendants was upheld. View decision here.

Obtained a significant costs award following a successful two week trial defending a police force from various claims of negligent investigation and wrongful arrest. View decision here.

Brought a successful motion to strike a Statement of Claim against a process server who served the Plaintiff with municipal tax documents. View decision here.