The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Competition Act does not regulate lifeguards at pools

During the hot summer months, Torontonians head for the swimming pools to cool down. But conflicts can occur.

Sajjad Asghar claims that lifeguards at the North York Aquatic Centre in Toronto abused their discretion by telling him he was swimming too slowly, even though they did not have any sort of device to measure the speed of swimmers. Apparently the lifeguards did this at the instigation of third parties. Indeed, random people have been threatening Mr. Asghar on the street and at parties.

So Mr. Asghar sued the City of Toronto on various grounds, including breaches of the Statute of Frauds and the Competition Act.

The city invoked a new rule that allows the court to dismiss summarily such obviously frivolous claims.

Justice Fred Myers did just that: “None of the causes of action alleged, including alleged breaches of the Statute of Frauds and the Competition Act, provide a legal remedy for the discretionary exercise of lifeguarding duties in a municipal swimming pool,” he wrote.

W. Michael G. Osborne
Affleck Greene McMurtry LLP

W. Michael G. Osborne

Michael Osborne is a former Partner of Affleck Greene McMurtry LLP

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