On the date of the Society's Motion, the respondent was unable to attend court meaning the court could only consider the Society's motion materials and oral submissions.
After considering their submissions the court dismissed their motion on each of their submitted grounds and ordered that the parties appear before the court again on September 9th, 2010 at 1:30pm to set a date to proceed to trial.
The Burke-Robertson (Society's legal counsel) lost the motion against the unrepresented litigant who was unable to appear and make his own submissions.
The grounds the Society attempted to rely on in their motion claimed that the charges:
- were improperly brought in "bad faith" and were vexatious and and abuse of process
- were improperly brought as an "entrapment" of some sort
- are not within the jurisdiction of the Provincial Court to deal with
- are somehow prevented by PIPEDA and FIPPA (federal and provincial privacy legislation which does not apply to CAS's)
- were brought by Mr. Dunn just to get the Ministry of Children and Youth Services to investigate them for breaking their annual service agreement between the Ministry and the Society
- and that they should not have to comply with the current law because it might change one day in the future.