Jonelle Van Delft

The self-represented plaintiff commenced an action against the Social Benefits Tribunal and the Ministry of Children, Community and Social Services, seeking $152 million in damages and other relief following an unsuccessful appeal for disability benefits.

The defendant requested the action be dismissed under Rule 2.1.01.

The court found the action was frivolous, vexatious, and an abuse of process, noting that the Tribunal is not a suable entity and the defendants are protected by statutory immunity under the Ontario Works Act.

The action was dismissed in its entirety without costs.

The court, acting on a request from the Social Benefits Tribunal under Rule 2.1.01(6) of the Rules of Civil Procedure, referred a motion to consider dismissing the plaintiff's statement of claim as potentially frivolous and vexatious.

The court ordered that notice be given to the plaintiff to make submissions, stayed the action pending the outcome of the written hearing, and restricted further filings by the plaintiff, except for submissions in response to the notice.