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ARTICLE · 21 DECEMBER 2018

Featured Case: Victoria Mendes Et Al. v. Blaisdale Montessori School

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In Mendes v Blaisdale Montessori School, the defendant, represented by Martin Smith, the managing partner of McCague Borlack's Ottawa office

CanadaLitigation, Mediation & Arbitration
Martin Smith
Martin Smith
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In Mendes v Blaisdale Montessori School,1 the defendant, represented by Martin Smith, the managing partner of McCague Borlack's Ottawa office, successfully brought a summary judgment motion against the plaintiff, dismissing the claim in its entirety. The case was further dismissed on appeal.2 This case highlights the recently expanded fact-finding powers for judges given within Rule 20.04(2.1) of the Rules of Civil Procedure and emphasizes the importance of providing diligent advocacy in spurious claims.

Background

This case concerns a four-year-old preschooler that was expelled from Blaisdale Montessori School for repeated misbehaviour. The mother of the child sued the school for breach of contract and breach of fiduciary duty.

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