Court File and Parties
Court File No.: CV-22-678639-0000 Date: 2023-06-13 Superior Court of Justice - Ontario
Re: Kunal Tipu And: Dr. Prasad et al.
Before: J.T. Akbarali J.
Counsel: Kunal Tipu, in person Stephanie Pearce, for the defendants
Heard: In writing
Endorsement
[1] Counsel for the defendants requested that the court consider dismissing this action under r. 2.1.01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. On May 25, 2023, I released an endorsement in which I noted that the action may be frivolous, vexatious, or abusive and called upon the plaintiff to make submissions as to why the claim ought not to be dismissed.
[2] The allotted time has passed for submissions, but the plaintiff has not made any.
[3] I find that the claim is frivolous, vexatious, and abusive. The claim alleges the defendants did not give the plaintiff the “right thyroid medication or stomach”, and that the defendants never let the plaintiff “live in the house” or “live outside the home” but it is not clear what this means or what claim is alleged. It is not clear from the claim what involvement each physician or health care institution had with the plaintiff. No cause of action is pleaded with respect to these alleged facts.
[4] The claim misnames one defendant, and pleads facts in relation to an incident which is not linked to any of the defendants on the face of the pleading.
[5] Moreover, as I raised in my original endorsement, the claim appears to allege that the defendants forced the plaintiff to be treated with anti-psychotic medication, but there is some suggestion in the claim that the decision to treat may have been confirmed by a judge, perhaps on an appeal from the Consent and Capacity Board. In my endorsement, I raised the concern that this the action may be a collateral attack on another decision. Having not received any submissions from the plaintiff, this concern is unaddressed, and thus remains.
[6] For these reasons, I dismiss this claim under r. 2.1.
J.T. Akbarali J. Date: June 13, 2023