The Litigator
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The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
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Competition Act does not regulate lifeguards at pools

During the hot summer months, Torontonians head for the swimming pools to cool down. But 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 on various grounds, including breaches of the Statute of and the Act.

The city invoked a new rule that allows the 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 , provide a legal 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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