CITATION: Sochnyeva et al v. Lawyers’ Professional Indemnity Company, 2024 ONSC 2017

DIVISIONAL COURT FILE NO.: 063/24

DATE: 20240405

SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT

BETWEEN: Hanna Sochnyeva et al., Moving Parties

AND

Lawyers’ Professional Indemnity Company, Respondent

BEFORE: Leiper J.

COUNSEL: Hanna Sochnyeva, self-represented Applicant

Matthew Bradley, for the Respondent

HEARD: Rule 2.1 Motion in writing.

ENDORSEMENT

[1] In the moving parties’ motion for leave to appeal the order of Justice Centa dated January 10, 2024, the respondent requested the court to dismiss the motion under Rule 2.1 on the basis that the appeal is, on its face, frivolous, vexatious, and an abuse of process.

[2] Subrule 2.1.01(1) authorizes the court to dismiss the review motion as frivolous or vexatious or otherwise an abuse of the process of the court. It should only be used for “the clearest of cases”: Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733, at para. 8.

[3] I will not exercise my discretion to consider a dismissal of this leave to appeal motion based on Subrule. 2.1.01(1). Instead, I make the following orders:

i. The moving parties shall serve, file and upload their materials on the motion for leave to appeal the decision of Centa, J. of January 10, 2024, no later than April 25, 2024. The responding parties need not file responding material.

Page: 2

ii. The motion for leave shall be placed before a panel of the Divisional Court, to be considered in writing before the first available panel no sooner than May 6, 2024.

Leiper, J

leased: April 5, 2024