Electronically issued / Délivré par voie électronique : 24-Apr-2023 Court File No.

/N° du dossier du greffe : CV-23-00698409-0000

Toronto Superior Court of Justice / Cour supérieure de justice

Court File No.:

ONTARIO
SUPERIOR COURT OF JUSTICE

B E T W E E N:

TORONTO DISTRICT SCHOOL BOARD

Plaintiff
– and –

KOJO INSTITUTE INC.

Defendant

STATEMENT OF CLAIM
TO THE DEFENDANT:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the

Plaintiff. The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting

for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil
Procedure, serve it on the plaintiffs’ lawyer or, where the plaintiffs does not have a lawyer, service
it on the plaintiffs, and file it, with proof of service in this court office, WITHIN TWENTY DAYS
after this statement of claim is served on you, if you are served in Ontario.

If you are served in another province or territory of Canada or in the United States of
America, the period for serving and filing your statement of defence is forty days. If you are served
outside Canada and the United States of America, the period is sixty days.

Instead of serving and filing a statement of defence, you may serve and file a notice of
intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to
ten more days within which to serve and file your statement of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN

AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF
YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL
FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL
LEGAL AID OFFICE.
Electronically issued / Délivré par voie électronique : 24-Apr-2023 Court File No./N° du dossier du greffe : CV-23-00698409-0000
Toronto Superior Court of Justice / Cour supérieure de justice
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IF YOU PAY THE PLAINTIFFS’ CLAIM, and $5000.00 for costs, within the time for
serving and filing your statement of defence, you may move to have this proceeding dismissed by
the court. If you believe the amount claimed for costs is excessive, you may pay the plaintiffs’
claim and $400 for costs and have the costs assessed by the court.

TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it has not

been set down for trial or terminated by any means within five years after the action was
commenced unless otherwise ordered by the court.

DATE……………………………. ISSUED BY………………………………

Registrar

ADDRESS OF COURT OFFICE:

Ontario Superior Court of Justice
Toronto Courthouse
330 University Avenue
Toronto, Ontario
M5G 1R8

TO: KOJO INSTITUTE INC.

146 Thirtieth Street, Suite 100
Toronto, Ontario
M8W 3C4

2230 Lake Shore Boulevard West, Suite 4202

Toronto, Ontario
M8V 0B2
Electronically issued / Délivré par voie électronique : 24-Apr-2023 Court File No./N° du dossier du greffe : CV-23-00698409-0000
Toronto Superior Court of Justice / Cour supérieure de justice
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THIS ACTION IS BROUGHT AGAINST YOU UNDER THE SIMPLIFIED PROCEDURE

PROVIDED IN RULE 76 OF THE RULES OF CIVIL PROCEDURE

CLAIM

1. THE PLAINTIFF CLAIMS AGAINST KOJO Institute Inc.

(a) damages for negligence in the amount of $200,000.00;

(b) in the alternative, damages for breach of contract in the amount of $200,000.00;

(c) pre-judgment and post-judgment interest pursuant to the Courts of Justice Act,

R.S.O. 1990 c. C.43, as amended;

(d) costs of this action on a partial indemnity basis; and

(e) such further and other relief as this Honourable Court may deem just.

A. The Parties

1. The Plaintiff, Toronto District School Board (“TDSB”), is a public school board operating

in the City of Toronto, in the Province of Ontario. TDSB is the largest school board in Canada

and one of the largest in North America. TDSB operates approximately 584 schools and provides

educational services to approximately 250,000 students each year and employs approximately

40,000 employees.

2. The Defendant, KOJO Institute Inc. (“KOJO”), is a corporation duly incorporated under

federal laws of Canada with its registered office located in Toronto, Ontario. KOJO is an equity

consulting firm that acts for both public and private organizations. Kike Ojo-Thompson

(“Thompson”) is the sole director, shareholder, and operating mind of KOJO.

Electronically issued / Délivré par voie électronique : 24-Apr-2023 Court File No./N° du dossier du greffe : CV-23-00698409-0000
Toronto Superior Court of Justice / Cour supérieure de justice
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B. TDSB Retains KOJO to Conduct “Anti-Black Racism” Seminar Series

3. In 2021, TDSB retained KOJO to conduct an online “Anti-Black Racism” seminar series

for TDSB school administrators. The seminars were scheduled to take place on April 26, 2021

and May 3, 2021.

4. On April 26, 2021, KOJO conducted the first “Anti-Black Racism” seminar of the series

for TDSB school administrators. On May 3, 2021, KOJO conducted the second “Ani-Black

Racism” seminar of the series.

5. The anti-Black racism seminars included TDSB school administrators as participants,

including Richard Bilkszto (“Bilkszto”). Bilkszto was at all material times a Principal on casual

assignment at Burnhamthorpe Collegiate Institute and Adult Learning Centre.

C. Discussion between Thompson and Bilkszto at ABR seminars

6. During the anti-Black racism seminar on April 26, 2021, Thompson and Bilkszto engaged

in a discussion over anti-Black racism, including the pervasiveness of anti-Black racism

throughout Canada and the United States. Bilkszto allegedly felt that he was berated, bullied,

attacked, and humiliated by Thompson during this seminar.

7. During the anti-Black racism seminar on May 3, 2021, Bilkszto again allegedly felt that he

was harassed, attacked, bullied, humiliated, and defamed by Kojo during this seminar.

D. Bilkszto’s Allegations against TDSB

8. Bilkszto has sought damages against TDSB alleging, inter alia, breach of his employment

contract, failure to investigate his workplace harassment complaint against KOJO, reprisal, and

defamation due to the acts and omissions of KOJO at the anti-Black racism seminars conducted

April 26, 2023 and May 3, 2023.

Electronically issued / Délivré par voie électronique : 24-Apr-2023 Court File No./N° du dossier du greffe : CV-23-00698409-0000
Toronto Superior Court of Justice / Cour supérieure de justice
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E. Claim against Kojo

(i) Negligence

9. TDSB states that KOJO owed a duty of care to TDSB as a supplier of equity consulting

services to TDSB. TDSB states that KOJO breached its standard of care by engaging in

discussions with Bilkszto, a Principal at TDSB, that made him feel harassed, humiliated, and

defamed. TDSB states that KOJO’s breach in its standard of care caused or will cause harm to

TDSB in the form of damages payable to Bilkszto in his claim against TDSB.

10. TDSB claims damages against KOJO for negligence in the amount that it is ultimately

required to pay Bilkszto if he is successful in his claim for damages against TDSB.

(ii) Breach of Contract

11. TDSB states that it had a written or implied contract with KOJO for the provision of anti-

Black racism seminars for TDSB school administrators (the “Agreement”). TDSB states that

KOJO breached the terms of the Agreement by engaging in discussions with Bilkszto, a Principal

at TDSB, that made him feel harassed, humiliated, and defamed. TDSB states that KOJO’s breach

of contract caused or will cause harm to TDSB in the form of damages payable to Bilkszto in his

claim against TDSB.

12. TDSB further states that KOJO was required to indemnify TDSB for any and all acts or

omissions of KOJO during the anti-Black racism seminar series that could cause harm to TDSB.

13. TDSB claims damages against KOJO for breach of contract in the amount that it is

ultimately required to pay Bilkszto if he is successful in his claim for damages against TDSB.
Electronically issued / Délivré par voie électronique : 24-Apr-2023 Court File No./N° du dossier du greffe : CV-23-00698409-0000
Toronto Superior Court of Justice / Cour supérieure de justice
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Date: April 25, 2023 TORONTO DISTRICT SCHOOL BOARD

Legal Services
5050 Yonge Street, 5th Floor
Toronto, Ontario
M2N 5N8

Krish Chakraborty
LSO No.: 66223S
Tel: 647-999-4603
Email: krish.chakraborty@tdsb.on.ca

Lawyer for the Plaintiff

Electronically issued / Délivré par voie électronique : 24-Apr-2023 Court File No./N° du dossier du greffe : CV-23-00698409-0000
Toronto Superior Court of Justice / Cour supérieure de justice

TORONTO DISTRICT SCHOOL BOARD -AND- KOJO INSTITUTE INC.

Plaintiff Defendant

Court File No.:

ONTARIO
SUPERIOR COURT OF JUSTICE

Proceedings commenced at Toronto

STATEMENT OF CLAIM

TORONTO DISTRICT SCHOOL BOARD

Legal Services
5050 Yonge Street, 5th Floor
Toronto, Ontario
M2N 5N8

Krish Chakraborty
LSO No. 66223S
Tel: 647-999-4603
Email: krish.chakraborty@tdsb.on.ca

Lawyer for the Plaintiff