Court File and Parties

COURT FILE NO.: CV-17-589180 DATE: 20200303 ONTARIO SUPERIOR COURT OF JUSTICE

RE: P.Y. and A.Y., Plaintiffs -and- The Catholic Children’s Aid Society of Toronto et al., Defendants

READ: March 3, 2020 F.L. Myers J:

Endorsement

[1] Counsel for the defendants Catholic Children’s Aid Society of Toronto, Mary McConville, Janice Robinson, Rena Knox, and counsel for the defendant Haley Gaber-Katz have requested the court consider dismissing this action against them under Rule 2.1.01(6) of the Rules of Civil Procedure, RRO 1990, Reg. 194. The matter was therefore forwarded to me by the registrar under Rule 2.1.01(7).

[2] The pleading has already been reviewed in respect of claims asserted against two of the other defendants. The court dismissed the action against those two defendants under Rule 2.1.01(1). The dismissal was upheld by the Court of Appeal in a decision reported at 2020 ONCA 98. At para. 15 of its decision, the Court of Appeal held that the action against the two defendants was an attempt to relitigate issues that have already been decided against the plaintiffs in child protection proceedings.

[3] Efforts to relitigate issues that have already been decided by the court are an abuse of process and may be dismissed under Rule 2.1. See: Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733.

[4] In my view, the claims against the moving defendants and all of the remaining defendants may be attempts to relitigate the child welfare proceedings and may therefore amount to an abuse of process. The plaintiffs should therefore be called upon to make submissions to explain why the case should not be dismissed against all of the remaining defendants under Rule 2.1.01(1) for being frivolous, vexatious, or an abuse of process.

[5] On reviewing the material forwarded by the registrar, the court makes the following order:

a. Pursuant to subrule 2.1.01(3)(1), the registrar is directed to give notice to the plaintiffs in Form 2.1A that the court is considering making an order under subrule 2.1.01(1) dismissing the action;

b. Pending the outcome of the written hearing under rule 2.1.01(3) or further order of the court, the plaintiffs’ action as against all of the remining defendants is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43;

c. The registrar shall accept no further filings in this action excepting only the plaintiffs’ written submissions if delivered in accordance with rule 2.1.01(3);

d. In addition to the service by mail required by rule 2.1.01(4), the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiffs and counsel for the defendants by email if it has their email addresses.

F.L. Myers J. Date: March 3, 2020