Court File and Parties
DIVISIONAL COURT FILE NO.: 560/21
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Lina Saleh Ahmed Algahamdi, Moving Party
AND:
Ian Leblanc, Responding Party
BEFORE: Favreau J.
COUNSEL: Lina Saleh Ahmed Algahamdi – representing herself
J.F. Lalonde – for the responding party
Endorsement
Endorsement
1Lina Saleh Ahmed Algahamdi sent a request to the Divisional Court seeking to schedule a motion for contempt. Counsel for the respondent sent the Divisional Court a request that the motion be dismissed pursuant to Rule 2.1.02 of the Rules of Civil Procedure.
2In her notice of motion, Ms. Algahamdi seeks a contempt order against Mr. Leblanc, with a term of incarceration, on the basis of an allegation that Mr. Leblanc did not comply with a stay certificate issued by the Divisional Court in 2019 in the context of an appeal from the Landlord and Tenant Board. In her notice of motion, Ms. Algahamdi suggests that Mr. Leblanc broke into her apartment and that there has been police involvement.
3In response to the request to schedule the motion, I asked the parties to advise of the status of the appeal from the Landlord and Tenant Board to the Divisional Court. Counsel for the respondent responded that the stay was granted in April 2019 and that Ms. Algahamdi moved out of the apartment in May 2019. He also provided copies of the proceedings before the Landlord and Tenant Board. Ms. Algahamdi did not provide any information in response to the Court’s request other than to state that counsel for Mr. Leblanc was lying in his response to the Court.
4In his request that the Divisional Court dismiss the motion for contempt pursuant to Rule 2.1.02 of the Rules of Civil Procedure, Mr. Leblanc’s lawyer advised that Ms. Algahamdi has commenced a civil action raising the same issues as in her notice of motion and that there are ongoing proceedings in that action. He included a copy of the statement of claim. The statement of claim raises issues similar to those raised in the notice of motion.
Analysis
5Rule 2.1.02 of the Rules of Civil Procedure provides that the court may dismiss a motion that appears on its face to be frivolous, vexatious, or an abuse of the process of the court.
6The court is considering whether to dismiss the motion for contempt on the basis of Rule 2.1.01 in this case. The issues raised by Ms. Algahamdi appear to be moot because she vacated the unit over two years ago and the motion appears to be an abuse of process because she has commenced a civil action raising similar issues.
7However, Ms. Algahamdi should be given an opportunity to explain why this motion should not be dismissed as frivolous, vexatious and an abuse of process.
Order
8Accordingly, the court makes the following order:
a. Pursuant to Rule 2.1.01(3)(1), the registrar is directed to give notice to the applicant in Form 2.1A that the court is considering making an order under rule 2.1.02 dismissing his application;
b. If the applicant chooses to make written submissions in response to the notice in accordance with Rule 2.1.01(3)2, her written submissions should address the apparent deficiencies identified above
c. Pending the outcome of the written hearing under Rule 2.1 or further order of the court, the motion is stayed pursuant to section 106 of the Courts of Justice Act, R.S.O. 1990, c C.43;
d. The registrar shall accept no further filings on the motion except for Ms. Algahamdi’s written submissions delivered in accordance with rule 2.1.01(3); and
e. In addition to the service by mail required by Rule 2.1.01(4), the registrar is to send a copy of this endorsement and a Form 2.1A notice on the moving party and counsel for the respondent.
Favreau J.
Date: July 13, 2020