Court File and Parties

Court File No.: CV-16-559372 DATE: 20170412 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ALLI A. REYES, Plaintiff AND: K.L., Defendant

BEFORE: Mr. Justice M.D. Faieta

HEARD: In writing

Endorsement

[1] By endorsement dated January 12, 2017, I directed the registrar to notify the plaintiff that the court was considering dismissing this action under Rule 2.1 of the Rules of Civil Procedure for being frivolous, vexatious or an abuse of process on its face. See 2017 ONSC 308.

[2] The registrar sent the plaintiff the requisite notice. No submissions have been received from the plaintiff.

[3] Rule 25.06 of the Rules of Civil Procedure requires every pleading to contain “a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved”.

[4] I agree with the view expressed by Justice Dunphy in DeMasi v. The Corporation of The City of Toronto, 2017 ONSC 1916, at para. 9:

A plaintiff seeking to set the machinery of litigation in motion must not do so lightly or without proper care and consideration. It is important to think through carefully exactly what the claim is and exactly what facts are relied upon to establish it. These must be set forth coherently and simply. Fancy language or legal terminology is not required. Clarity is.

[5] In my view, this claim does not comply with Rule 25.06 of the Rules of Civil Procedure. The claim is rambling and lacks clarity. The claim alleges that the defendant is liable based on the tort of defamation and the Canadian Charter of Rights and Freedoms but it lacks the requisite particulars.

[6] Further, there are many allegations in the claim about the defendant, including allegations about her sexual history and her mental health, that are entirely irrelevant to the causes of action advanced and that underline the abusive nature of this claim.

[7] I find that it is appropriate to dismiss this action pursuant to Rule 2.1 of the Rules of Civil Procedure.

[8] The defendant is entitled to costs if demanded, payable forthwith, after assessment by an assessment officer.

[9] I dispense with any requirement for the plaintiff’s approval, as to form and content, of the order dismissing this action.

[10] I direct the registrar to provide a copy of this endorsement to the parties by mail and to serve the formal order on the plaintiff in accordance with Rule 2.1.01(5) of the Rules of Civil Procedure.

Mr. Justice M. D. Faieta Date: April 12, 2017