The Board would like to share the following clarification from legal counsel, the decision of the Ontario Superior Court released on November 23, 2023 was with respect to a motion brought pursuant to section 137.1 of the Courts of Justice Act. The motion permits a defendant in a civil lawsuit to bring a motion to dismiss a claim at an early stage in the proceeding.

A motion under this section is not a determinative adjudication of the merits of the underlying claim; Ms. Burjoski’s claim has simply been permitted to continue.

As this matter remains before the Courts, the Board will not be commenting further.

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